-JSC asleep at the wheel !
(Lanka-e-News -19.June.2016, 9.35PM) Un-parliamentary language and foul words such as ‘adow , no tough tactics in this area ,okay,’ and ‘adow, if any of you even just touch one of us , we will indulge in suicide bombing,’ are common among only the underworld gangs and goons , were usually heard only from them . But now , after elephant rogue Thilina Gamage the judge turned criminal , shockingly ,these are the foul words (which characterize underworld gangs) that are being used to threaten the public by the judiciary , and these are the punishment based on the threats, in store for the public at the hands of the judiciary if the people oppose the culprit judge Thilina Gamage.
The judges mafia comprising bosom pals of Thilina is again in operation to obstruct the enforcement of laws against the elephant rogue judge Thilina who is now interdicted by the Judicial Service Commission (JSC) and whose bail has been rescinded by the High court.
The bail granted by Gangodawila magistrate Kanishka Wijeratne a most intimate pal of criminal judge Thilina was cancelled by the High court judge Manilal Waidyatileke , who also ordered that the report pertaining to the granting of bail to Thilina at the magistrate court be forwarded to the high court. Yet the Gangodawila magistrate court registrar has still not forwarded the report to the High court . Consequently , the High court judge had to issue notice on the Gangodawila court registrar in that regard.
Meanwhile , though it is possible to arrest Thilina Gamage now , a situation has arisen in which there is apparently no court before which he can be produced. This is because the three judges of Nugegoda, Gangodawila court which has jurisdiction ( because the address of Thilina ‘s residence comes within it) have refused to hear this case.
Kanishka Wijeratne who heard the case once sans Attorney General’s advice and gave a wrong judgment ,at any rate is not eligible to hear the case, while the additional magistrate as well as the district court judge Sahan Mapa Bandara have also refused to hear the case.
In such circumstances , what the Judicial Service Commission (JSC) can do legally is appoint a judge of another court to hear this case in the relevant court , and later , if this judge wishes he/she can hear that case in his/her court. Otherwise than this , the case cannot be heard in a court which does not have jurisdiction. Moreover another court which has no jurisdiction over the area of arrest cannot hear the case. That is, Thilina who is arrested in one area cannot be produced before another judge having jurisdiction elsewhere.
It is most reprehensible that despite the fact a judge should be appointed to hear the case immediately , the JSC has not acted so far even though six days have elapsed since judge Waidyatileke issued the order. The reason for this is another close friend (liquor bottle friends) of elephant rogue, is the assistant secretary of the JSC. This judge is well noted for prostitution of his official position while holding the post of assistant secretary . As Lanka e news revealed earlier ,his name is Pamila Ratnayake.
Is it because he is fluent in English he is able to make the other judges in the Commission to capitulate to his wishes and keep them trampled ?
If not , is it the obnoxious behavior of the chief Justice who is the JSC president that is creating a most grave issue militating against enforcement of laws ?
The masses for good governance who are reposing confidence in the independent judiciary as respecting the ‘rule of law’ and justice are however expecting a honorable individual like Pradeep Jayatileke the secretary of the JSC to act more diligently and conscientiously .
Meanwhile the lawyer for Thilina Gamage had sought to file a motion a few days ago to get clarification on the order cancelling bail given by Manilal Waidyaratne . However after the AG’s department pointed out such a motion is illegal , it had been withdrawn.
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by (2016-06-20 01:43:37)
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Many things to the Notice of Hon Chief Justice,
Day by day we hear a bad/sad news of the judiciary.
Why is this silence by CJ ? And what is/are the reason/s behind His Lordships astonishing silence? Is he scared of the “pseudo thuggery” exhibited by all these uncooked junior magistrates [whose names are revealed in this case] who are acting as if the judiciary is their legacy brought from their mother or the father?
Is he really aware of his role as the Chief of the judiciary?
What are the other two members of the jsc really doing in the commission?
What is the role of the Secretary jsc?
All what transpiring are not subject to the supervision of a higher court, but without argument , things are subject to the disciplinary procedure of the jsc which is again a matter under the hands of Hon CJ and the other two members of the jsc.
The dilemma for the whole world is that why this unexplained and astonishing silence of all?
A former magistrate- Maligakanda [a true gentleman] was sent home (dismissed from service immediately)[ not compulsory leave with joyful vacation or interdicted] by the then jsc without any inquiry who ordered an accused who was found guilty to a small crime to handover some stationery to a charity [ children’s’ home]when a member of the jsc found the stationery so brought by the accused in the said magistrate’s chambers before it was handed over to the charity.
A former magistrate – Wellawaya was sent home [same as the former] by the then jsc headed by the then CJ Sarath N Silva for issuing a warrant of arrest of the SSP of the area who tried to impersonate over a fatal accident whose name was revealed in evidence as the driver of a fatal accident.
A former judge of the High Court was sent home by the then jsc on an order sent to the open court by a fax while the judge was hearing a case in open court for just remanding a man who disturbed the court proceedings by beating the horn and parking the car close to the ongoing court room.
A former magistrate – Balapitiya was sent home for going on a boat ride in Maduganga [on a holiday] with some lawyers of the same Bar.
The above are few of those examples where the jsc considered as grave misbehaviors and/ or wrong orders which were amounting to dismiss of those judges from the service.
If that was the case...
The issue here is why the present jsc cannot take disciplinary actions against these magistrates who have brought the whole judiciary to disgrace?
This includes:
1. The magistrate* who said in open court [in elephant case] that Mahanayaka thero has sent a letter to him and so he makes these orders to release the illegally held elephants,
2. The elephant owner/magistrate*
3. Gangodavila magistrate*
4. Others* who say they cannot hear the case [ if they cannot hear a case they should resign and go home] because they are paid by our money to administer justice in the country.
* These magistrates are still dealing with cases before them on daily basis.
They must ask themselves - whether or not they have a moral responsibility to voluntarily resign from the service if not to ask from themselves whether they can justify the salary they take home and feed their loved ones?
The lawyer who committed contempt by filing a motion against the order of the High Court should be summoned before the Court of Appeal [ the court which has the power to deal] for an inquiry as to why he should not be punished for contempt and reported to the Supreme Court to debar him from the list for making a mockery with an order of the High Court of the country.
Over to your Excellency President,
With all due respect to the present CJ, people implore your excellency, next time please use your Excellency’s executive power vested in the Constitution at the time the new appointment of the post of CJ is made to identify and nominate a person who can take proper decisions promptly to look after the judiciary rather than going on the traditional way of appointing a judge according to the seniority or whatever, but a person with a backbone and judicial experience specially of the minor judiciary otherwise there will not be a judiciary for us to talk with high pride which we had in good old days.
This note is solely to safeguard the judiciary.
Do not let the media to pen their thoughts in this way, but let them write praising the judiciary one day.
To see that, His Lordship may be given the wisdom to cleanser the judiciary by removing its muck.
-- by Untolarable on 2016-06-20
