අවිචාරය, උද්ධච්චකම හා අශීලාචාරත්වය
Ivan argues that by ignoring the judgments of the Supreme Court and the Court of Appeal in the impeachment of the Chief Justice, the government has done what no previous government dared, destroying both the courts’ legitimacy and its own. He traces the Supreme Court’s power to interpret the constitution and the ancient reach of the writ jurisdiction, recalls the Bracegirdle case under colonial rule and Sirimavo Bandaranaike’s certiorari against J.R. Jayewardene’s commission, and warns, with Musharraf’s Pakistan as the precedent, that two rival Chief Justices could now follow.
නව අගවිනිසුරු හා මහජන අපේක්ෂා
Ivan wishes the newly appointed chief justice well — and records that he wished her predecessor well in the same way, expecting him to put right some part of the enormous damage Sarath N. Silva had done to the courts, and that it has to be said with regret that nothing of the kind happened.
හිටපු අගවිනිසුරු සහ ජීඑස්පී ප්ලස් සහනය
The EU has suspended Sri Lanka’s GSP Plus concession, worth 78 million euros in 2008 against exports of 1.24 billion. Government, exporters and commentators alike have forgotten what caused it: two rulings by former Chief Justice Sarath Nanda Silva, the same man now lecturing the country on international law. Under the ICCPR, citizens could petition the UN Human Rights Committee where the highest court failed them, and most complaints heard concerned Silva’s own conduct — among them Tony Emmanuel Fernando, jailed a year for contempt on a false charge after suing over withheld case records, and assaulted in prison the day he was committed. Silva also barred a work-to-rule at the port, which the ILO found breached its convention, and then disparaged that convention in open court with an ILO representative present. Correcting those two wrongs would be enough to recover the concession.
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.
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.
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.