මෝඩකමට බෙහෙත් නැත
Justice Minister Batty Weerakoon objected when the UN Special Rapporteur on judicial independence, Dato’ Param Cumaraswamy, asked through the Foreign Minister that Chief Justice Sarath N. Silva stand aside until the impeachment is resolved. Ivan explains Sri Lanka’s obligations under the ICCPR, its 1997 accession to the Optional Protocol, the 1985 UN principles and the 1997 Beijing Statement, recalls Cumaraswamy’s earlier objection to Silva’s appointment over pending complaints and seniority, and calls the People’s Alliance era the darkest in the judiciary’s history.
Darkest period of judiciary
The UN special rapporteur on the independence of judges asked, through the Foreign Minister, that the Chief Justice be prevented from sitting while the impeachment was under way. The Justice Minister has protested that no power may interfere with the judiciary, which under our constitution is independent.
අගවිනිසුරුගේ දේශපාලන භූමිකාව
The editorial recalls Ravaya’s protest when Sarath N. Silva was appointed Chief Justice while facing complaints before the Supreme Court, and says the aim was to bring the court under the President’s control. It faults the opposition for its slow move to impeach him after the 17th Amendment episode, notes Rauff Hakeem’s refusal to back the impeachment even as his party became the first target, and reports Speaker Anura Bandaranaike’s remark that any impeachment of his sister would end with Silva deciding it.
ඇති කරන්නට යන ව්යවස්ථා ක්රමයට ආවේණික සීමා
Ivan welcomes the proposed Constitutional Council and five commissions but says they lack any mechanism to monitor holders of high office once appointed. He cites cases where no one acted: a complaint to Court of Appeal President Palakidnar about Sarath N. Silva, an alleged assault attempt by a Supreme Court judge, a High Court judge accused of abusing a young domestic worker, and Lenin Ratnayake still in service, and faults the Attorney General, Elections Commissioner and Auditor General, proposing an ombudsman-type body under the Council.
Giving more teeth to constitutional council
A constitutional council with the power to recommend people for the top posts, with five independent commissions under it, would be a significant step towards taking the administration out of politics. What it would need to be worth having is set out here.
සරත් එන්. සිල්වා මහතා අධිකරණය කෙරෙහි ඇති කර තිබෙන විනාශය සුළුපටු නැත
As impeachment proceedings open, Ivan traces the crisis to Sarath N. Silva’s appointment while two disbarment complaints, one by Ivan himself, were pending, despite warnings from Chief Justice G.P.S. de Silva and senior lawyers. He recounts how Silva halted those inquiries, packed the bench hearing challenges to his appointment, narrowed fundamental rights jurisdiction, and was linked by phone records to Rohana Kumara, alleged mastermind of the Wijekoon murder, and to a fraudulent petition for the gunman Nupul Kumara.
සරත් සිල්වා රගපාමින් සිටින්නේ ද ලෙනින් රත්නායක රග පෑ භූමිකාව ම ය
Ivan retells how magistrate Lenin Ratnayake, dismissed earlier from the Insurance Corporation for fraud, hid his past behind a pious image, won support from monks, lawyers, local councils and Attorney General Sarath N. Silva, and was finally found guilty by the Hector Yapa inquiry. He argues that Chief Justice Silva is staging the same performance through bodhi pujas, Bar resolutions and a Malwatte statement, and sets out allegations about Silva’s private life, misuse of power in related litigation and a loan he never repaid.
Democracy and the crisis in the judiciary
The judicial crisis around Chief Justice Sarath N. Silva is a question that can decide the politics of the country. At no point should the Supreme Court become a partner in an executive programme that runs against the principles it exists to protect.
නීතීඥ සංගමයට ප්රශ්න 6ක්
After lawyers Neil Dias, Chandrapala Kumarage and Sena Liyanasuriya urged the Bar Association to act against Ravaya, Ivan recounts how inquiries upheld Ravaya’s charges against Lenin Ratnayake and Upali Abeyratne and poses six questions: on Sarath N. Silva’s domestic life and judicial ethics, his appointment while disbarment petitions were pending, Abeyratne’s promotion, the trust land obtained while on the Vijaya Kumaratunga commission, his continuing trusteeship, and his ties to Rohana Kumara, a suspect in the Wijekoon murder.
අධිකරණ ඇමතිගේ නිහඬතාව
Following up Ravaya’s previous exposé, the piece says a close confidant of the Chief Justice, a man with underworld links whom he made custodian and caterer of the judges’ training institute, is linked by phone records to a murder and to fraudulently filed fundamental rights petitions. Police found a photograph of him with the Chief Justice at his Horana home. It condemns the Justice Minister’s silence.