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Ex CJ calls Lanka undemocratic

15 March 2010 07:18 am - 87     - {{hitsCtrl.values.hits}}

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By Gandhya Senanayake & Kelum Bandara  


Former Chief Justice Sarath N. Silva charged today that Sri Lanka had become an undemocratic country by betraying all its human rights principles which it had signed with the international community over the years. 
 

Speaking to journalists a short while ago, Silva stressed that by arresting Sarath Fonseka the government had gone against the Universal Declaration of Human Rights and the International Covenant of Civil and Political Rights (ICCPR). 
 

He further maintained that the Army Act did not apply on Fonseka as Army Commanders were not commissioned officers or enlisted soldiers and if there were any complaints against Fonseka, then the government should try him under the civil law. 
 

“If Fonseka had committed some offence, he should have been arrested under the civil law,” Silva said.


Silva further said that according to the Chief of Defence Staff (CDS) Act, when the Commander of any force relinquishes his position to assume the post of CDS, he shall cease to continue as a member of the regular force to which he belongs.




Pics. by Kithsri de  Mel

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  Comments - 87

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  • Monday, 15 March 2010 10:12 AM

    so if what CJ says is true & he has ceased to belong to the regular force to which he belonged when he became CDS , he can in no way be prosecuted under the army act.

    Monday, 15 March 2010 10:15 AM

    His comments are not without self interest, next in the order to be brought under the law for overstepping authority while he was the supreme(!) is he!

    Monday, 15 March 2010 10:17 AM

    dear Mr. Sarath n silva i visted lot of area in kegall and ather places lot of one man show is going on Democratic is not available I don’t know what happen to this country this is like , Looting the votes

    Monday, 15 March 2010 10:22 AM

    what about those decisions which were largely biaised during your hayday. you never spoke against CBK nor her actions. in fact you re-defined the provision to get any MP's to the government and enabled them not lose the seat irrespective of them crossing the party.

    Monday, 15 March 2010 10:29 AM

    Fearless comment on the current situation in Sri Lanka. Keep it up. Good Luck. Look out somebody is gunning for you, you know who they are!!!!!!

    Monday, 15 March 2010 10:30 AM

    It was a very brave statement.I salute u for that.
    thanks,

    Upali

    Monday, 15 March 2010 10:41 AM

    Was Sarath Silva democratic when he was Chief Justice.
    This is like the pot calling the kettle black. You need to be clean before you make your utterences.

    Monday, 15 March 2010 10:41 AM

    At least the Judicial System is democratic now.

    Monday, 15 March 2010 10:41 AM

    People can call him great if he is upto the mark!

    Monday, 15 March 2010 10:42 AM

    These fellows are all opportunists.
    Why is this man Sarath suddenly trying to speak out. Jokers

    Monday, 15 March 2010 08:49 PM

    We remember how he iterpreted various laws and, himself, did not accept international conventions. Sarath's 'democracy' - no purpose served.

    Monday, 15 March 2010 10:43 AM

    You reap what you sow. You created the monster and now trying to fight it???

    Monday, 15 March 2010 08:50 PM

    He realised this while 'going home' (gedara yana gaman), near the parliament?

    Monday, 15 March 2010 10:43 AM

    YOU MAY BE RIGHT ON THE LEGAL ISSUES JUST MENTIONED. WILL THERE BE ANYONE TO TAKE NOTICE ?

    Thursday, 18 March 2010 12:19 AM

    Don't take him seriously.

    Monday, 15 March 2010 10:54 AM

    If only you had behaved like this on all occasions when you sat as CJ.

    Monday, 15 March 2010 10:41 PM

    We lost the judiciary FROM THE TIME YOU PARACHUTED as CJ and from your tainted judgments, to suit your political masters, from the time of CBK.

    Monday, 15 March 2010 10:50 PM

    We should all listen to what he is saying, which is true. What he has done in his private life, is not important, at this time. Please realise that the Sri Lankan democracy is at stake. Are we not concerned?

    Monday, 15 March 2010 11:20 PM

    Why didn't you express your opinion that Sri Lanka was undemocratic, at the time you were on the bench? Why did you wait until you retired, to voice your opinion?

    Monday, 15 March 2010 11:11 AM

    Ha ha ha, a quality one from chandrikas former CJ ha ha ha

    Monday, 15 March 2010 11:56 PM

    Wasn't he too, part of this 'jungle law,' a few moons ago ...

    Monday, 15 March 2010 11:33 AM

    Got New glasses ?.

    Monday, 15 March 2010 11:37 AM

    CJ is talking HR with two JVPers. What a JOKE !!!!!!!!
    This is not a coincident with the statement by Bab Ki moon.
    Be carefull SL with these traitors.

    Monday, 15 March 2010 11:45 AM

    WE ARE HAPPY PEOPLE OF THIS NATURE YET EXISTS IN
    OUR COUNTRY.

    CONGARTULATIONS.

    Tuesday, 16 March 2010 11:44 PM

    Knowing his past, will anyone accept ex-CJ Sarath Silva's comments?

    Monday, 15 March 2010 12:04 PM

    "Gospel truth" nothing more to argue after all facts are from none other than the former Cheif Justice of Sri Lanka. What more evidence you require

    Come on Sri Lanken open your eyes

    Monday, 15 March 2010 12:13 PM

    Look, who is speaking about justice now!!! Forgot the unsavoury past, have we?

    Monday, 15 March 2010 12:18 PM

    i CANNOT STOP LAUGHING FROM MY BOTH SIDE!

    Monday, 15 March 2010 12:28 PM

    Ex CJ,
    You had no credibitlity whilst in office.
    How can you expect to have any credibility now?

    Wednesday, 17 March 2010 01:26 PM

    But take care !Those in power dont like people who speak the truth!

    Monday, 15 March 2010 12:36 PM

    DISMISSED WITH COSTS!

    Monday, 15 March 2010 12:53 PM

    regardless of your motive, you are absolutely right and I think most people in the world undoubtely would agree with you sir. Thanks for your statement.

    Monday, 15 March 2010 12:57 PM

    What people like Sarath Silva or Sarath Fonseka have is only presonal grudge, hate & vengeance. They don't care about the country. This Sarath should be behind bars too.

    Monday, 15 March 2010 12:57 PM

    politics makes strange bedfellows

    missing........... the great democrat CBK

    Monday, 15 March 2010 07:24 AM

    CJ can you clarify the statement given by your loving fonseka to the BBC? white flag? For me MR is too soft for sf.

    Monday, 15 March 2010 07:25 AM

    OBJECTION SUSTAINED !

    Monday, 15 March 2010 07:29 AM

    There are still Sri Lankans who is supporting it's undemocratic government ... fist of all unless they realise the truth and change themselves ... it is unsure where Sri Lanka will end-up

    Monday, 15 March 2010 01:06 PM

    Well Said. Anyway people in right mind already know this and live with silence.

    Monday, 15 March 2010 07:39 AM

    I salute you for the courageous comments.

    Tuesday, 16 March 2010 09:14 AM

    Mr. Sarath N Silva words on human rights shud be respected. all communities and citizens must make a commitment to human rights and equality.

    Monday, 15 March 2010 07:40 AM

    This comes from a man with a clear understanding of what he is talking about.

    Monday, 15 March 2010 07:41 AM

    The only man with a brain in Sri Lanka!

    Monday, 15 March 2010 07:42 AM

    Even the ordinary citizens know about it. However, the former CJ is brave enough to say this in a country where only the jungle law applies.

    Monday, 15 March 2010 07:48 AM

    When U r CJ how many peoples HR violatated by U using ur power?????

    Monday, 15 March 2010 07:52 AM

    Professionals are under threat or well paid . This is major issue.

    Monday, 15 March 2010 01:31 PM

    Sir why didnt U contest in PE instead of SF? If you contested U would have won and SF would have never been in trouble.

    Monday, 15 March 2010 07:55 AM

    Dear Sir, Continue your voice, Your voice is very important and valuable in the struggle in reinstating the democracy in the country.

    Monday, 15 March 2010 07:59 AM

    We are proud of you, for standing against this undemocratic government, whilst all the other prominent people have gone to sleep for fear of life.
    Even the Mahanayake Theros have been silenced.
    Rule is undemocratic, Elections are undemocratic without the commissions of 17th amendment and Human rights are violated openly. What a country we are leaving for our children?

    Monday, 15 March 2010 08:10 AM

    Great Sir !!!!!!!!!!!!! We salute you!!

    Monday, 15 March 2010 08:12 AM

    well done

    Monday, 15 March 2010 08:18 AM

    Sir were you democratic with your rulings in your days ?

    Monday, 15 March 2010 08:22 AM

    Count your days for MR Pannel's Final Judgement....

    Monday, 15 March 2010 02:27 PM

    SRI LANKA NEEDS MORE PEOPLE OF YOUR CALIBRE WHO IS NOT AFRAID TO TELL THE TRUTH WITHOUT FEAR.

    Tuesday, 16 March 2010 10:17 AM

    If a War Crime is committed, its a crime against humanity. if as Srilankans, if we are not standing in support of SF for voicing it out, we should be ashamed to be humans!

    Monday, 15 March 2010 08:38 AM

    In present days context Democrazy is being undemocratic.

    Monday, 15 March 2010 08:39 AM

    Please voice your professional opinion loud & clear.

    Monday, 15 March 2010 02:44 PM

    Most Sri lankan voters have no basic intelligence.I realise this when I read some of these comments. They will end up living like slaves ,they will not even know about it.

    Monday, 15 March 2010 08:41 AM

    If the white flag is true, then it is a war crime.

    Monday, 15 March 2010 02:46 PM

    You are to be partly blamed for all mess

    Monday, 15 March 2010 08:48 AM

    Well said!

    Monday, 15 March 2010 08:54 AM

    The Mahanayakes are the most gullible in this country. They are worse than the jumping ministers from Party to Party.

    Monday, 15 March 2010 08:56 AM

    absolutely true. cause sri lanka is not dancing to the tune of int. community. that is why 60 % of the people voted for MR.

    Monday, 15 March 2010 09:04 AM

    Thank you for speaking up courageously!

    Tuesday, 16 March 2010 11:20 AM

    Yeah, he was, but now he seems sitting on his brains...

    Monday, 15 March 2010 09:07 AM

    We salute sir, while most professionals do not stand for democracy you raise your voice. Well done.

    Monday, 15 March 2010 09:08 AM

    The most undemocratic practices were put in place by yourself when you were the CJ and you and only you are to be blamed !!!

    Monday, 15 March 2010 09:11 AM

    MR SARATH SILVA U HAVE NO RIGHT TO MENTION THIS OUR SAVIOUR IS KING MR AND U WERE PART OF HIM WHAT MADE U TO PART WAYS ITS POWER AND MONEY PLS U CAN COME BACK TO JOIN HIM

    Monday, 15 March 2010 09:19 AM

    Great Well done you are a True Sri lankan

    Monday, 15 March 2010 09:25 AM

    I am not a Buddhist, Wonder how the Mahanayakes could be bought over by this regime ???? Is politics and other matters above Buddhism in this country ??

    Monday, 15 March 2010 09:26 AM

    well done ge ahaed...

    Monday, 15 March 2010 09:29 AM

    Former CJ was bosom pal of MR - but now he says the truth - SRI LANKA HAS BECOME AN UNDEMOCRATIC COUNTRY.

    Monday, 15 March 2010 09:30 AM

    he would have been CJ ................

    Monday, 15 March 2010 09:32 AM

    Money talks,When our nation going to unite under one flag? Who ever speakes against the country shoud panished. Even you !!

    Monday, 15 March 2010 09:33 AM

    Sri Lanka has become an undemocratic because its is governed by a bunch of thugs. They do what they feel like doing and making our lovely country a hell hole.

    Monday, 15 March 2010 09:33 AM

    SF clearly said that he "heard" from journalists about the white flag story, and he qualified it by saying, he doesn;'t believe it. Everyone is talking about it completely out of context

    Monday, 15 March 2010 09:40 AM

    Well said, sir. Excellent timing too. Ban Ki Moon will take you to his expert panel. Keep trying....you will get it.

    Monday, 15 March 2010 09:41 AM

    YOU ALSO DID SAME WHEN YOU HAVE POWER. YOU MISUSED YOUR AUTHORITY AND DESTROY JUSTICE. IF YOU ARE CHALLENGING THESE COME FORWARD FOR A DEBATE

    Monday, 15 March 2010 09:42 AM

    well said, sir. Excellent timing too. Surely, Ban Ki Moon will appoint you to his expert panel to advice on Sri Lanka. Keep trying ... you will get it.

    Monday, 15 March 2010 09:45 AM

    It is high time all Sri Lankans come forward to save our country for the Government THIEVES.

    Monday, 15 March 2010 09:50 AM

    We think you are right now.........................

    Monday, 15 March 2010 09:53 AM

    I really salute you sir for your brave talk and action and we need people like you to develop the country

    Monday, 15 March 2010 10:03 AM

    Do not mix two words that freedom and democracy.Democracy is mess.Freedom is not that ugly.

    Monday, 15 March 2010 10:04 AM

    I agree

    Monday, 15 March 2010 10:05 AM

    Pls sir enlighten the bran washed srilankan people!

    Monday, 15 March 2010 10:06 AM

    This is nothing new for tamils SL was never a Democratic country, killing thousands of Tamil in North and East. This what you practiced earlier now it is applied to the same community. Jayawewa.

    Monday, 15 March 2010 10:07 AM

    It is really brave of your Sir to speak on behalf of the down trodden Sri Lankans who are under the Rajapakse regime at a time even the Mahanayakes are made to be Silent

    Monday, 15 March 2010 07:06 PM

    The real joke is that this guy is talking about human rights violations with two JVP guys sitting beside him.


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