ආරක්ෂක ලේකම්ගේ වන්දි නඩුව හා සන්ඩේ ලීඩර් පුවත්පත
The defence secretary has sued the Sunday Leader for a billion rupees over an article on the MiG purchase. Ivan accepts his right to sue — criminal defamation was repealed on the argument that civil damages would suffice — but argues that the paper’s right to be represented by counsel of its choice is part of a fair trial, and describes how its lawyers came to withdraw.
යුක්තියේ දෙවොල ගිනි ගැනීම
Harold Laski said a country’s courts measure the civility of its politics. Ivan applies the yardstick and finds it unbearable: politicians who do wrong can at least be voted out, but judges are appointed, and he describes valuable timber confiscated by the courts passed to a friendly monk who sold it and built the chief justice an air-conditioned house.
හිටපු අගවිනිසුරු විත්තිකරුවකු වීම
Revision applications against the retired chief justice’s judgments are beginning to queue at the Supreme Court, and Ivan expects the queue to lengthen — though the poor who were punished without even a charge sheet are not in it. He argues that since the Supreme Court is the last place an error can be corrected, it is the institution that most needs to be under continuous scrutiny.
අගවිනිසුරුට ප්රීතිමත් විශ්රාම ජීවිතයකට සුබ පැතුම්
Continuing the previous week, Ivan asks what a review of Sarath N. Silva’s judgments would
find, and answers with the record of appointments, plunder of public property, the company
he kept and the ambition to become head of state. He reports the meeting at which senior
counsel advised Chandrika Kumaratunga against appointing him — and Aloy Ratnayake’s
prediction that one day he would turn on her — and closes with the long list of lawyers and
judges who signed against him.
විශ්රාම යන අගවිනිසුරුතුමෙනි. ඔබට ආයුබෝවන්
On the retirement of Sarath N. Silva, Ivan sets out the record: cases of relatives heard and
relieved, enemies punished to the limit, orders issued to the executive and the legislature,
and an injunction obtained against the Speaker through friendly counsel and a friendly bench
to stop an impeachment reaching the House. He goes back to the district court case brought
by a chemical engineer over the judge’s relationship with his wife, and to the officer
promoted before his punishment had expired.
ව්යවස්ථා සභාව, උයන්ගොඩ හා විග්නේෂ්වරම්
The Jathika Hela Urumaya objects to Jayadeva Uyangoda’s nomination to the Constitutional
Council because he once served a twelve-year sentence, and the prime minister to C.V.
Wigneswaran’s. Ivan answers that the 1977 government repealed the law Uyangoda was sentenced
under and gazetted that it should not follow him, that Gandhi, Mandela and D.S. Senanayake
were all imprisoned men, and that being Tamil does not make a retired Supreme Court judge a
separatist. The deeper fault, he argues, is a constitution written to place the president
above itself.
සිදුවූයේ කුමක්ද? විය හැක්කේ කුමක්ද?
Sri Lanka’s throat was caught in two nooses, Ivan writes — terrorism and the political system — and the first is nearly loosed. He explains his own shift: he doubted the account that armed struggle followed the failure of non-violent politics, doubted the Tamil homeland claim, and was moved decisively by the LTTE’s treatment of Ranil Wickremesinghe, who had given them more space than any Sinhala leader and whom they destroyed politically. He defends Rajapaksa’s decision as the most important and most dangerous taken since independence, and argues the war could have gone very differently had the LTTE succeeded in mass suicide attacks, a single trap killing thousands of soldiers, or coordinated massacres in fifty or sixty villages. He then judges the opposition, the courts and the press all to have acted without responsibility, and disputes the reported threatening of Poddala Jayantha and Sanath Balasuriya by the Defence Secretary.
2009 වසර හා දේශපාලන අංක ගණිතය
Ivan opens 2009 expecting the global collapse to hit Sri Lanka hard. The year begins with the Golden Key crisis dragging the rest of Ceylinco’s finance companies down, tea, cinnamon and rubber in unprecedented difficulty, and smallholders who once earned well unable to live. War spending for 2009 is 177 billion rupees, and the country must fight through an economic crisis it cannot abandon the war to escape. At Kilinochchi the army advances slowly through bunds, trenches and traps, its target the LTTE’s war machine rather than territory. Meanwhile a run of court rulings against the government, above all on fuel prices, had trapped it politically — until it escaped by cutting fuel, gas and official expenses in one package worth 16 billion rupees, and put the opposition on the defensive instead. Ranil is the better mathematician; Mahinda is the better political arithmetician.
හොංකොංවල සිදුවූ නිහඬ විප්ලවය
The second part of the Hong Kong argument, and the practical half: Godber’s flight, the independent commission set up in answer to it, the cleaning of the police, the construction industry and the attorney general’s department. A deputy director of prosecutions fled the country and the senior lawyer who helped him got four years. Today complaints against public servants are almost unheard of.
Whither Justice?
A retired army commander and a respected engineer petitioned the Supreme Court over judicial appointments made without constitutional council approval. Victor Ivan records what happened: a bench including the Chief Justice heard the petition and then directed the Attorney General to establish whether the petitioners had abused the judiciary by bringing it. The message, as he reads it, is that nothing the President does may be questioned, and that asking is itself an offence. Neither man belonged to the UNP or sought party advantage; they went to the last place open to a citizen with a grievance about governance. The Court’s first duty is to defend the constitution against an executive assuming powers it does not have, and by making the protection of the President its duty instead it has annulled the constitution without replacing it — leaving the country, Ivan writes, with no fundamental law at all. Similar cases from the Organization of Professional Associations and the People’s Movement for Good Governance have met the same immunity ruling. What strikes him most is who is fighting: citizens who know they will lose, while the UNP, the JVP and the Jathika Hela Urumaya say nothing and parliament will not even debate it. A judiciary that abandons its supervision of the executive, he concludes, brings the country closer to Prabhakaran’s Reich, where no authority may investigate Prabhakaran.