Tuesday, October 9, 2012

What has happened to the investigation into the attack on the Secretary of the Judicial Services Commission?



As I reported a day ago, I half expected this hollow call for an investigation into the above noted attack, to be a lot of hot air with no real clues coming from an investigation which the IGP is heading. Is it that they are clueless, or is it that it points directly to the Government which ordered it to instill fear in anyone who dares to raise their hands or points a finger at the Government’s continual wrongdoings and breaking of the law?

You can guess the answer to it, but my firm belief is, every news item makes a few stories for a day or two, and dies away only to be replaced by another outrageous act of defiance by the Government, far worse than the previous one. This modus operandi to increase the magnitude of the abuse at each step, is bound to take the shine of the previous misstep! And I shudder to think where these series of outrageous acts will end. Each is more daring than the one that precedes it. It is now a game, where there is no time for the opposition to get their breath when the next item on the miscarriage of justice surfaces, and the opposition is caught flat footed.

It is time for an outcry to find out who is at the bottom of it. However each time this is done, the Govt. does not feel obliged to react or answer allegations, as they know the opposition is powerless to do anything about it. It is now time for the Judiciary to make a stand, as it is in the power of the judiciary to call the Govt. to account. Let us hope that they are able to make a stand, as they are learned people who will not wish to have history judge them for being spineless and without principle in doing their duty to the citizens they are bound to defend and protect.

The judiciary today meekly called off the action they took yesterday to halt proceedings in the Court system. If they go on indefinite protest, it will definitely galvanize the Government and embolden the opposition to make a stand on behalf of the people. It is time instigation of the action starts with the Supreme Court which should get an individual to make a case that they will rule on that turns around years of abusive behavior, without even a break or a step back. It is time that the Govt. realizes that they cannot get away with everything and that they alone have all the power. A ruling on the acts that are being forced through parliament these days will put a break on fast tracking questionable legislation, and get the public to think about what is happening today and why. Impotence on the part of the public is costly.

Poor Ms Janz – Her plea for Asylum falls on deaf ears!



The recently fired editor of the Sunday Leader has I believe requested asylum in Australia on the grounds that her life is in danger in Sri Lanka, having written articles critical of the Govt. I also understand that this request has been rejected by Australia, which believes that her life is not in danger.

Yes, Ms Janz wrote items critical of the Govt. Yes she also assisted the Govt. in putting the General in jail over the white flag incident. So yes she is playing a double game, and it is clear from the ruling that double gamers cannot have it both ways.

I am just as critical of the Govt. and possibly more. I have more to fear than Ms Janz as she is a public person, whose life the Govt. will not wish to mess with. Any act will generate bad publicity for international consumption. There will be no one to save my butt! I am too insignificant to warrant an investigation. I am one who the govt. would not have around to question daily unlawful acts committed against the citizens of Sri Lanka by this Govt.

People of lesser fame than Janz are far more fearful, as they should be and are more deserving cases for asylum than Janz. However they are more patriotic than Janz willing to sacrifice their lives for freedom, and democracy both of which are rapidly disappearing in this otherwise paradise island. We are a small minority who will not even take asylum, even if it was offered to us, as we believe we have to protect the people who cannot be protected by an increasingly autocratic regime that will not tolerate dissent of its practices. We have nothing to fear, when justice and right is on our side. Those who have no justice wish to harm those who believe in justice not the other way around. Let us remember that very clearly.

So when we fight for justice we do not have to fear those who break the law, even though they are not prosecuted today for their crimes. Ignorance of the law is not an excuse and soon those who flagrantly violate the law will face justice, but they are so drunk with power they fail to realize what is obvious to all the others that there are limits to such behavior.

We can only hope that Ms Janz can sleep soundly at night, realizing that she is too inconsequential for the Govt. to worry about as she is a spent force who has compromised many of her principles in favor of gain and is not one that comes within the context of being worthy of asylum!!!

Monday, October 8, 2012

So now what is wrong? Is this De Ja Vu? Ala Sarath N Silva




Now we know in hindsight, as much as Sarath N Silva did when he was the Chief Justice, that he gave rulings which he now bitterly regrets. One was the ease with which elected Parliamentarians can switch sides at their whim and fancy no matter what the people who elected them think about it. This makes an absolute mockery of the Democracy that we pretend we are in.

In the same vein, the previously pliant Chief Justice who was appointed by the President for her subservience to him, and not for any pretence of her independence, seems for reasons of her own to have changed her attitude whether out of disgust of her personal circumstances, where her previously insider husband has been unceremoniously dumped like a criminal out the TFC or it it is that she has seen the light, is not in my purview to judge.

So are we in the same state all over again this time, much sooner, where the Chief Justice has finally realized that the Frankenstein’s monster that has been created partly by the judiciary’s actions needs to be reigned in?

It is time tomorrow in Parliament that the Opposition gets up and points to the chamber the ridiculous level to which the Executive has stooped and which is making a mockery of the rule of law and order let alone the independence of the judiciary. Whilst we do not support this judiciary as we have seen very biased reports, we must nevertheless support any attempt even by them of trying to change their ways for the better. We must therefore support them in the hope that the judiciary will turn round to an independent way of thinking.

This is a point that is lost on the majority of the people as they do not trust the law. They believe the law only helps the wealthy, and do not believe their rights are respected, either by the police, who abuse their basic rights or by the judiciary which costs too much, to seek fair and impartial justice.

We are now very clear that the State wishes to show by such lowly deeds that they will even stoop to attack an inconsequential official, and wish to give the message that they have no qualms about even resorting to murder to achieve their objectives. This will prevent other people considering putting themselves into the ring to join the others. It is a message to all, but it should also raise the wrath of the public to challenge the state directly.

The Withdrawal one day and the Reinstatement a few days later – The Divi Neguma Bill – to be represented in Parliament



The Supreme Court ruled on the Legitimacy of the Divi Neguma Bill, and initially stated that it must first obtain assent from the Provincial Councils, under the Constitution. The Govt. therefore withdrew the Bill, and got assent from all the Provincial Councils as they control them all. The Northern Provincial Council in not constituted and therefore there is a legal determination as to whether the Governor of the Province a political appointee has the power to approve in the absence of the elected Council.

I am not sure if the SC reported on that, but as I suspect, they will opine that elections must first be constituted and then passed by the council. If it is not passed, then I do not know what will happen to the Bill, under the terms of the Constitution.

The Speaker is about to issue a statement in Parliament on Tuesday, as to whether this Bill will be resubmitted in its original form, or whether there will be drastic changes, so as not to offend the SC in its judgment on the legality of the provisions under the Constitution.

The previous version of the Bill contained a huge shift of powers to a new to be created, Ministry or Department of Divi Neguma, with a huge budget allocation, and the folding of the Samurdhi Authority and its people and assets to it amongst other changes. It was apparently taking on some of the powers currently vested in the Provincial Councils which required their assent to the changes. We shall watch this space in the next few days for further developments.

The apparent attempt by the Govt. to yet again interfere in the Independence of the Judiciary in this regard has introduced a further dimension to the methods adopted to get the Bill passed and the lack of the Northern Provincial Council’s assent to it, the argument of using the Governor’s authorization in its absence, further complicates this process.

There is a distinct feeling that the whole of this process, is to further Centralize the Government giving less powers, instead of devolving powers to the Provinces as constituted by the 13th Amendment. I personally am not in favor of Provincial Councils as it wasteful unneeded and adds a further level of bureaucracy, stifling growth, entrepreneurship and civic rights.

“THE PLAN WENT AWRY” – he was hoping the headline will be different – to shift focus from reality to entertainment!



We live in a make believe world in Sri Lanka. Take yesterday, the President was in his box watching the match like a puffed up peacock, hoping for a win, which can also be credited to the ‘regime’ but more to the point to tippex out the real story of the day from the headlines and reinstate a ‘T20WIN’ which no doubt would have resulted, if we had won.

The independence of the Judiciary has been compromised, not for the first time. The Secretary of the Judicial Services Commission, Mr Manjula Tillekeratne was assaulted by 4 unidentified persons near St Thomas College, Mt Lavinia. He had previously commented on the threat to members due to their stance against the Govt. on some legal matters. The President in his usual manner has condemned the assault, and also as is usual no real enquiry ensues nor is a report made public, making a complete mockery of his words.

So as this happened on Sunday, he turned up to the T20World Cup finals, convincing himself that the Stars were on his side, for Sri Lanka to win, and the appalling acts of injustice once again during his watch would fade from the front pages. If Sri Lanka won, we would have had the World Cup on the front pages of all the newspapers and that will be the talking point today, the day after. No talk then of the Govt. nobbling the Judiciary.

It is now a different story on the front pages, the assault on the officer, who once he had made this threat known over week ago should have been entitled to 24 hr security, but was NOT afforded it by the state, which offers security to unknown and silly inconsequential politicians, citing the rules!

It is now up to the sane public to understand what is happening under their noses, and come out in agitation against these Govt. inspired deeds on a daily basis until it stops or the Govt. resigns being unable to enforce law and order. It is when innocent civilians are accosted, threatened, abducted and beaten up on a daily basis that we have a law and order problem. Worse when it is all instigated by the state sponsored goons, the responsibility is unquestionably with the person at the top, as it is his whim that will continue this or summarily drop it from happening. We cannot live by threats, we only die by threats. We MUST reclaim our society from the ‘Sordid Scum,’ who operate with impunity as they are the ruling class!

Wednesday, October 3, 2012

The Nonsense of the implementation of the 13th Amendment!



Surprise, surprise, we now have the 18th Amendment and it seems the 13th is still to be implemented. What does that tell the person with some common sense? Simply that Sri Lanka’s constitution is meaningless, a sham and a joke, as some amendments are implemented, some aspects of the Constitution are blatantly and flagrantly violated by the Government, and others are implemented in parts that only benefit the Government or their interpretation, thanks to the biased judiciary that appears usually to take the interpretation the Govt. makes.

So is it any wonder when the EPC (Eastern Provincial Council) is split 4 ways? With the voter expressing their views more on race based parties rather than for parties with national political platforms.

The SLMC in its current guise is again fooling the visiting US Under Secretary of State for South Asia, Robert Blake of their particular stance and their need for separate representation of their rights through the SLMC as the voting results are proof that they have a racist voter base, just as the TNA has. Is that a good thing or not? Well I think it is a bad thing as it is proof positive the Muslims are using the religion card to grab their piece of the action. It therefore leaves no alternative but to disregard both the TNA and the SLMC, and also the race and religion based coalition parties of the UPFA and just go it alone on the National level parties that ensure the unity and integrity of Sri Lanka.

I have earlier taken the view that these parties had legitimate grievances that led to them being aired via their political representation, but it has come to the point where these parties are playing to the gallery and have NO intention of working towards Unity in Diversity, rather there are working for selfish personal, goals that compromise the unitary nature of the country.

The leadership of the TNA and SLMC are very narrow minded, and have isolated their voter base, by playing to the basest instincts of people by frightening them to vote along race/religion based lines. I believe that it is wrong to do so, though it has obviously proved to be politically expedient.

Time now to throw the TNA and SLMC to the wolves, to gobble up their racist half-baked ideas, and simply represent the interests of just one set of people who happen to come in different hues, and beliefs under one nation.

Tuesday, October 2, 2012

The lie exposed – what more proof do you want?



When intelligent and I think fair minded people defended the right of the UPFA team to be elected under the Mahinda Chinthana doctrine as opposed to the lesser ambitious but far more realistic one by the opponent, they thought that it was workable, practical and above all in the interests of the country. We could not have been proved more wrong today. Most of the intelligent less gullible people have already turned, (look at the FUTA team for example, the card carrying MR brigade who cannot stomach any more empty words from him now), then there is the intelligent gullible Columbians who are now bought over by exterior cleaning of the streets walkways for the wealthy (throwing the pavement vendors out of business) and who are notoriously autocratic, wanting someone who can keep them safe in their plush homes, and that is a dictator, until he comes wanting to grab your home, and then it is too late!!

At the end of the spectrum are the poor and hapless who are fed a daily diet of lies on the squawk box (TV) of Rupavahini and ITN and who are ashamed that they have been lied to and cannot believe the extent of the lies and are further convinced the lie will one day become the truth. They are the perpetual voters of the current regime, fed by fear of the unthinkable, who do not have the education to think beyond their noses, thanks to the ridiculously underfunded education system of moron teachers, educated under the by heart system of belief, who impart NO THINKING powers on their students. So we are on this vicious cycle from one generation to the next, with a good education being the only missing link from reality and understanding right from wrong.

When the country is led by the under educated and the lack of thought in lying leaders, who are only expert at fooling, what hope have the others who are clear minded, focused and productive in an economy where laws are passed by people barely able to read, with backgrounds that would frighten a mother to leave her child for even a moment with? They leave the shores.

It is time for rational people to take control of their future and of the country from plundering and massacring miscreants, and call a spade a spade and do what is right by the citizenry who now have a debt of RS300,000 per man woman and child that has to be paid one day in blood or slavery once the plunderers have fled to greener pastures with their loot, leaving a desolate and derelict state bereft of resources. Who pray is kidding whom?