World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search

 


SRI LANKA: The Comments of S.N Silva

FOR PUBLICATION
AHRC-ART-004-2013
January 6, 2013

An Article by the Asian Human Rights Commission

SRI LANKA: The Comments of S.N Silva - the archenemy of rule of law

Basil Fernando

Sarath Nanda Silva is heavily quoted in SLBC programmes trying to criticize the Supreme Court judgment relating to the question on the interpretation of law referred to it by Court of Appeal. He says that the Supreme Court has not properly interpreted the words “or standing orders” as found in Article 107(3) of the constitution. As usual, the great trickster, who misinterpreted law to shroud the government he supported, is trying once again to come to the rescue of this government - which he was not long ago condemning vehemently.

Silva ignores the following paragraph of the judgment:

“In a State ruled by a Constitution based on the rule of Law, no court, tribunal or other body (by whatever name it is called) has authority to make a finding or a decision affecting the rights of a person unless such court, tribunal or body has the power conferred on it by law to make such finding or decision. Such legal power can be conferred on such court, tribunal or body only by an Act of Parliament with is “Law” and not by Standing Orders which are not law but are rules made for the regulation of the orderly conduct and the affairs of the Parliament. The Standing Orders are not law within the meaning of Article 170 of the Constitution which defines what is meant by "law"”.

It is no surprise that Silva is excited because he is fully aware of the manner in which he fooled Sri Lanka in order to safeguard JR Jayawardane’s tomfoolery with the constitution, to serve his political bosses Chandrika Kumaranatunga and Mahinda Rajapaksha. He was shameless enough to admit this himself when he was publicly stating his regrets regarding his misinterpretation of law in the case now known as the Helping Hambantota Case.

Silva understood JR’s tomfoolery with the constitution, done to safeguard his power. Having understood this, he proceeded to use the same warped logic to serve his own political masters. The great damage he did to the rule of law in Sri Lanka has not yet been fully exposed to the Sri Lankan public. That he managed to survive without a severe assault from Sri Lanka’s legal community is also a matter that still remains to be fully discussed. However, in order to have his way, the manner in which he bullied lawyers and clients is quite well recorded in the memory of lawyers.

Silva’s record as a bully is well borne out by the case relating to Tony Michel Antony (Tony) Fernando. That case will remain to challenge any claim by S N Silva to be an expert in law. It is only a coward who uses his official position to take his revenge; he wrongly convicted and sentenced a layman who requested that he should not hear a case, for contempt of court, sending him to jail for one year, and even refused his appeal by hearing the appeal himself.

Such souls are destined to be reborn again and again to repeat their follies. His reappearance in television shows that are blatantly used to attack and undermine the judiciary is no surprise. The same man who twice sentenced two persons (Tony Fernando and SB Dissanayake) for contempt of court is now taking part in media shows which are deliberately staged in contempt of courts for political purposes.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.


ENDS


© Scoop Media

 
 
 
 
 
World Headlines

 

Amnesty: Campaign Mass Hangings And Extermination At Syrian Prison

A chilling new report by Amnesty International exposes the Syrian government’s calculated campaign of extrajudicial executions by mass hangings at Saydnaya Prison. Between 2011 and 2015, every week and often twice a week, groups of up to 50 people ... More>>

Russian Hack Job?: White House - Actions In Response To Russian Malicious Cyber Activity & Harassment

President Obama authorized a number of actions in response to the Russian government’s aggressive harassment of U.S. officials and cyber operations aimed at the U.S. election in 2016. More>>


Israel/Palestine: Michael Field - Background To How Israel Nearly Went To War With New Zealand

New Zealand and Senegal managed to get the United Nations Security Council to pass resolution 2334 which said Israel’s settlements in Palestinian territory violate international law and undermine a two-state solution in Israel's conflict with Palestine. More>>

ALSO:

US Indigenous Affairs: How President Obama Has Protected Our Sacred Land

I am very proud to be both Navajo and American. As the President of the Navajo Nation, I’ve dedicated my life to ensuring that, as a Navajo, my story -- and our stories -- are part of our collective American history. Today, I want to share one of those stories with you. More>>


Binoy Kampmark: The Berlin Truck Attack And The Refugee Question

The hard-nosed neo-cons were certainly showing little interest in linking arguments, examining evidence, or even considering elementary logic in the aftermath of the Berlin truck attack near the Gedächtniskirche. With the bodies fresh in the morgue, former US ambassador to the United Nations, John Bolton, peered into the mind of the everyday German, and found teeth chattering fear. More>>

Demonetisation: Gordon Campbell On India’s Huge Socio-Economic Experiment

Without much coverage at all in the West, India has just been engaged for the past few weeks in one of the world’s biggest socio-economic experiments since the Cultural Revolution in China. More>>

Gordon Campbell: On The Death Of Fidel Castro

New Zealand likes to think we played our part – via the 1981 Springbok tour – in bringing the apartheid regime in South Africa to an end… Jacob Zuma treated the death of Fidel Castro at the weekend as an occasion to pay a heartfelt tribute to the thousands of Cuban soldiers who travelled across the world to inflict the first significant military defeat on the forces of white supremacy. More>>

ALSO:

Get More From Scoop

 
 
 
 
World
Search Scoop  
 
 
Powered by Vodafone
NZ independent news