යුක්තිය පසිඳලන ආයතන ක්‍රමයේ බිඳවැටීම

Ivan likens the judiciary to a cancer patient: the President planted the disease by appointing a corrupt Chief Justice and the present government has let it spread. Further sections mark Mark Fernando’s early retirement and his rulings on presidential immunity, a petition by 22 professionals asking the Tyronne Fernando select committee to hear the charges against Sarath N. Silva, rising Muslim unrest in the East and the demand for Muslim police recruits, and a presidential commission on crime that ignores presidents’ own use of criminals.

How will the struggle for power end?

In this article, Victor Ivan analyzes the escalating power struggle between President Chandrika Kumaratunga and Prime Minister Ranil Wickremesinghe. Facing the end of her term and unable to contest the next presidential election, the President seeks to overhaul the executive presidency to secure her continued political dominance, potentially by aligning with the JVP or utilizing Parliament as a constituent assembly. Conversely, the Prime Minister is determined to preserve the current system to claim the executive presidency for himself, plotting to render the President politically irrelevant. Ivan warns that this clash of ambitions, coupled with a lack of faith in the impartiality of the judiciary under Chief Justice Sarath Nanda Silva, risks plunging the nation into an extra-constitutional crisis and potential civil conflict.

ජපන් ආධාර සමුළුව

Despite the LTTE’s absence, the Tokyo conference pledged $4.5 billion against the $3 billion sought, huge relative to government revenue, though much of it is loans and past aid use has been poor. The editorial finds the Prime Minister’s vision attractive but says good governance must begin with an independent judiciary and a disciplined party, and that the LTTE, having rejected his interim proposal, is unlikely to accept reconstruction outside its control.

Conscience Benumbed

In this article, Victor Ivan argues that decades of mass violence and rampant political corruption have paralyzed the collective conscience of Sri Lankan society. Drawing heavily on the psychological trauma outlined in Prof. Daya Somasunderam’s book Scarred Minds, Ivan asserts that the psychological damage seen in the Tamil community is reflective of a wider distortion affecting all Sri Lankans—victims, perpetrators, and witnesses alike. Using the commercialization and resulting decline of Sri Lankan cricket as an analogy for the state of the nation, the author critiques how governance has become a mechanism for public plunder. Specifically, Ivan highlights the failure of the 17th Amendment, pointing out that constitutional safeguards and independent commissions (such as the Elections, Police, and Bribery Commissions) have been deliberately sabotaged or stalled by the President, with little to no resistance from the judiciary, the political opposition, or a benumbed public.

Rule of Law and the Judiciary

One of the three pillars of the modern democratic political system is the judiciary. When the legislature consisting of representatives elected by the people enacts policies, the instrument that implements those policies is the executive.

ස්වාධීනත්වයට දක්වන බිය

The editorial notes that the fight for judicial independence since Sarath N. Silva’s appointment as Chief Justice has come from outside the judiciary, and that a Bar Association committee report by K. Narendra Kumar endorsing the International Bar Association’s findings was suppressed. It reports that the Judicial Service Officers’ Association has now made judicial independence the theme of its 60th anniversary, and that the Chief Justice tried to wreck the event by withholding funds and leave and calling a compulsory paid seminar on the same day.

අන්තෝ ජටා-බහි ජටා

Ivan links four events of one week: charges finally filed against former railway general manager Wack Silva, first exposed by Ravaya in 1992; the removal of magistrate Lenin Ratnayake; a seminar on judicial independence addressed by Lord Brennan, Rohan Edrisinha and Ranil Wickremesinghe; and the launch of his book ‘Nonimi Aragalaya’ on the judicial crisis. He recounts the husbands of the two abused women, one later murdered after testifying, and lists unanswered questions about Sarath N. Silva, Upali Abeyratne and the inquiries.

අධිකරණ සේවයෙන් ලෙනින් රත්නායක පිටමං කිරීම

After more than five years, the Judicial Service Commission has decided to remove magistrate Lenin Ratnayake, whom a three-judge inquiry had found guilty on four serious charges but who was meanwhile kept on compulsory paid leave. The editorial recalls that he had been dismissed from the Insurance Corporation for fraud before joining the judiciary and was accused of sexually abusing two women connected to cases before him, and holds Sarath N. Silva responsible for shielding him. It calls for wider judicial reform beyond removing the Chief Justice.

ඒකාධිපතියන් රටට අවශ්‍ය නැත

The editorial accuses the President of abusing her powers under the distorted 17th Amendment. She has kept Priyani Wijesekera, the most senior and qualified candidate, as only acting Secretary-General of Parliament despite the 14-day limit on acting appointments, and passed over Justice Mark Fernando, whose ruling that presidential immunity ends with the term of office she resented, when naming an acting Chief Justice. It calls on all parties to correct the amendment.

අගවිනිසුරුගේ ඊළග රංගනය

The government thinks it can find the votes to curb the President’s power to dissolve Parliament, but Ivan notes she controls the urgent-bill route and the Chief Justice decides constitutionality. Sarath N. Silva may protect her as before or switch to the new rulers, and either choice harms the country; he criticises the justice minister’s wish to use the Chief Justice as she did. A second section faults the Elections Commissioner and Auditor General for saying they cannot refer offenders to the Bribery Commission.