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| Intelligentsia demands Govt. to arrest Judge involved in molestation of young girl |
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(Lanka-e-News, July 24, 2010, 10.20AM) Representatives of Political, legal, human rights, women’s rights have demanded the Govt. to arrange for the immediate arrest of the appeal Court Judge by the police and to take measures to institute legal action against him on the charges of molestation of a servant girl employed in his house.
They have pointed out that the UN is appointing Committees to inquire into the SL’s internal affairs because the Govt. is not protecting the human rights of its own subjects.
The victim has already filed a complaint with the children and women’s affairs office under reference 210/ 236 M O I D.
The worst crime of it all is that this is committed by an individual who sits in the high chair of dignity expected to dispense the most sacrosanct judgments. Hence, the action against him and the punishment meted out if proved must be deterrent and exemplary, they state.
Because of the police inquiries not being properly conducted, there is widespread discontent and speculations among all sections of the communities specially, the legal circles and the civil society. |
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We give hereunder the views expressed by those of sections of society who were interviewed …
J C Weliamuna Attorney at law
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The appeal Court judge’s issue should be resolved through the Courts. Former Magistrate Lenin Ratnayake’s issue has no relevance here. The appeal Court judge’s crime dents the image of the entire judiciary. Has he or hasn’t he committed a crime? If he has, disciplinary action should be instituted. But, sadly no such action has been begun yet. If this judge does not tender his resignation, the President should insist on his resignation.
Victor Ivan – Ravaya newspaper chief
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If this judge has committed the wrong he should be immediately arrested, for, given the serious charge against him, if truly such a crime has occurred, it is a grave offence. Just because it is a judge who has committed a murder, is he not to be arrested ? The law of the land applies to all without discrimination. That is the basic tenet of the law. It is when a crime is committed the criminal law operates. Hence., the law must be implemented if a crime is committed.
We have not neglected the issue of this judge. We are aware of this incident. But, we must have correct facts. Without the facts we cannot talk about it. We are garnering information on this. This judge was not even allowed to mount the Bench during the last few days.
Senior Journalist and media consultant Gaffoor
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Nobody is above the law. Legal precedents are created to develop the law not to tarnish or erode it. When a judge is involved, and particularly a judge of an appeal Court, the charges leveled against him apart, the law enforcing authorities must realize that a young girl is not going to make a complaint in vain, and that too against a judge.
If anybody from the top is bringing pressure to bear on the law enforcing authorities or usurp the legal processes, or if the law enforcing authorities are trying to suppress the case for obvious reasons, let all those who are involved in such acts be reminded that they are equally guilty as the culprit, for it is tantamount to aiding and abetting a wrongdoer. Besides, it gives encouragement to others in high echelons of their professions to tread the wrong lawless path, instead of being exemplary.
If these practices are to continue, the laws will only exist in books while their implementation will ebb away completely.
UPFA M P. Vasudeva Nanayakkara (Attorney at Law)
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If the appeal Court has committed a crime, the power to investigate this is with the Chief Justice. Whether it is the appeal Court judge or any other, it is the duty of the police to immediately arrest him and legal processes followed. If the appeal Court judge is the culprit he should be arrested. This is because on the face of the charges against him, it is a serious offence. Just because an appeal Court judge committed a murder, is the law not going to be implemented or is he not going to be arrested? The same laws that apply to the ordinary individual should apply to this judge too. The criminal laws operate against crimes not individuals. Hence, this judge should be taken into custody if he is charged on account of the crime.
SL Lawyers Association President Shibly Azeez
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I am not aware of the charges against the Judge as alleged by you. I really do not know the full details of it. Of course, papers have revealed the story. Without my discussing with the other members of the Association, I cannot give my opinion.
If it is an ordinary case, it can be discussed over the phone. But the case you are referring to is not like that. We hold the Appeal Court in high esteem. Therefore, I cannot at once off hand say anything. We need time to inquire into the matter.
IMADA Organization President Nimalka Fernando Attorney at law
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No matter what intellectual, scholar or professional he is, he must be immediately arrested on a crime committed by him on a young girl. We are informed that the Police is trying to suppress this case. The children and women’s authority should take him into custody immediately.We are relentlessly gathering information on this matter. After garnering full information we shall take action. In SL, when such a serious crime occurs, the responsible authorities do not take necessary action. This is why the UN appoints advisory Committees in relation to our countr. GSP + benefits are also denied.
Judicial service Commission Deputy Secretary Mnajula Thilakaratne had this to say when the Lanka e news inquired from him….
The Commission has not received any complaint on this so far. Even if a complaint is received, the Commission is not empowered to inquire into it. It is only the Parliament which has the power to investigate the fault of an appeal Court judge and take action against him, he added. |
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