ජනාධිපතිවරණය හා නීතියේ පාලනය

The Elections Commissioner has said he may have to withdraw from running the election because his orders are not obeyed — the police ignore him, and state media ignore the Competent Authority. However much authority the constitution grants him, nothing in the country lets him exercise it. This is not new: under Chandrika Kumaratunga an attempt to arrest the Elections Commissioner was stopped only by Attorney General Kamalasabesan’s intervention, and it was Chief Justice Sarath Nanda Silva who advised her to make it. The 1981 Jaffna district council poll was the first time a ruling party seized election administration outright, and Commissioner Jayasekera resigned over it. Since 1982 no election has been free and fair. Powers mean nothing while the ruler declines to obey the law.

අවලස්සණ ජනාධිපතිවරණයක්

Three weeks before the January 2010 presidential election, Ivan argues the contest between Mahinda Rajapaksa and Sarath Fonseka has taken the shape of a fight between two bazaar thugs rather than between democratic forces. Both camps breach the law on cutouts and posters, and neither the police nor the Elections Commissioner will enforce it. He traces the collapse to Chandrika Kumaratunga’s appointment of Sarath Nanda Silva as Chief Justice over the senior Mark Fernando, while corruption complaints against Silva were still before the court. Silva, once the target of a joint UNP–JVP impeachment motion, is now the opposition campaign’s constitutional spokesman. Ivan concludes that defeating a man will not change a system, and no party has said what should replace the executive presidency.

ජීඑස්පී ප්ලස් බදු සහනය ආරක්ෂා කරගත යුතුය

Whether Sri Lanka keeps GSP+ is a measure of its diplomatic sense, Ivan writes: a member of an organisation is bound by the rules it agreed to or should leave. He points out that nothing done during the war is what is at issue, and that releasing the displaced, withdrawing the Yaksihiran indictment, pardoning Tissainayagam and passing a short law making the covenants domestically enforceable would settle it.

අල්ලස හා දූෂණය

The challenge corruption poses to the country’s progress is larger and more tangled than terrorism was. Ivan traces the machinery from the old bribery department to the commission that replaced it in 1994, and then shows what it is up against by following a television station sealed by the defence ministry, a fundamental rights petition heard by the chief justice, and the chief justice’s own name on the resulting company’s board — entered in the register as a social worker.

අවුල් විසඳා ගැනීම

The pleasure of the victory is already evaporating, Ivan warns, and a second term will be harder than the first. On GSP+ he points out that the tangle was made by the courts rather than the government — the moment a chief justice traded the country’s future for his own protection — and that releasing two LTTE leaders on bail while Tissainayagam serves twenty years cannot be explained to anyone.

හිටපු අගවිනිසුරු ලක්ෂ 650ක අල්ලසක් ගත්තේද?

The Sunday Leader has reported that the retired chief justice obtained a television station worth 65 million rupees for an institution connected to him from a party to a case before him. Ivan follows the transaction through the licences neither side held, the equipment released from the port, and the pattern of electronic media praising the chief justice while their own cases were being heard in front of him.

තිස්සනායගම් නඩුවේ තීන්දුව ගැන

Twenty years’ rigorous imprisonment for J.S. Tissainayagam has drawn the world’s attention as his detention did. Ivan argues that judges must sentence in proportion to the gravity of the offence and within the law, lists earlier judgments where that was not done, and notes that most of the complaints against Sri Lanka in Geneva were aimed not at the government but at the former chief justice — and that the country, not he, is paying for them.

විධායක ජනාධිපති ක්‍රමය අවශ්‍ය නම් එය ප්‍රතිසංවිධානය කළ යුතුය

A change to the system can only be had if government and opposition both want it for its own sake rather than as a way of unseating each other. Ivan sets the American presidency against the Sri Lankan one point by point — an electoral college rather than a direct vote, no power to dissolve the legislature or to call an early election, an impeachment that can actually remove — and argues that ours was written so that none of those checks bite.

නිල බලය අයථා ලෙස පාවිච්චි කිරීමට ඉඩදිය යුත්තේ ඇයි?

Six junior officers have been transferred over the abduction and assault of a student at the Malabe technology institute, but the head of the Colombo crime division who directed it has faced nothing. Ivan argues the country needs as firm a policy towards educated men who abuse official power as it does towards uneducated criminals, and asks why the police chief has not acted on the defence secretary’s instruction.

විනිසුරුවරුන්ගේ සදාචාරය

Anonymous broadsheets about the conduct of judges are circulating among lawyers in Hulftsdorp at fifty rupees a copy, and Ivan treats them as a symptom rather than a source. Quoting H.L. de Silva on judicial integrity — that a judge’s moral honesty matters more than his legal skill — he sets out his own complaint against a district judge, the two inquiries that followed, and the protections that make a wayward judge almost untouchable.