The Sunday Leader

Sarath Silva: A Retrospective

The two Sarath's — Silva and Fonseka

By Upul Jayasuriya Attorney-at-Law

A near decade of Sarath N. Silva omnipresence at the helm of the country’s judiciary  was received by the public, the legal fraternity and political circles with mixed feelings. The relaxed atmosphere that was introduced was welcomed by the Bar. It was on September 16, 1999 that Sarath Nanda Silva was sworn in as the Chief Justice of Sri Lanka by the then President Chandrika Kumaratunga. This appointment was not without controversy. He was the Attorney General. At the time of his appointment Lasantha Wickrematunge the founder editor of The Sunday Leader paid him a handsome tribute calling him the ‘Lily White AG.’

Much respected Justice Mark Fernando, who was one of the best judges of our time, had no skeletons in the cupboard, and whose competence, independence and impartiality was rarely questioned, was qualified in every respect to be given the post. He had earned the respect of the Bench and the Bar alike, and the most senior Supreme Court Judge at the time was overlooked. There was precedence in the Attorney General taking the route to Chief Justice.

The late Victor Tennakoon and the late Hema Basnayaka were among other former Attorneys General who were later appointed as Chief Justices. In any event, President J.R. Jayewardene went to the extent of appointing Neville Samarakoon Q.C. a gentleman par excellence, as the Chief Justice from the Unofficial Bar. No one objected to his appointment. Sarath Silva had been a Judge of the Supreme Court when he was appointed the Attorney General prior to being appointed the Chief Justice. Of course he was a friend of the Bar. When he had problems in the family every one in Hulftsdorp sympathised with him. He was pleasant and amiable.

Things going wrong

Things started going wrong for him  only when he thought it fit to defend the actions of Rienzi Arasakularatna, Deputy Solicitor General, at a press conference summoned in the chambers of the Attorney General. During the same time he was prosecuting the Editor of The Sunday Times, Sinha Ratnatunga. Attorney General Sarath Silva defended his state counsel when it was alleged that he (Arasakularatna)  had supervised the file of his own brother-in-law  Rexy Peries in connection with a fraud at the Edna Chocolate Factory. Sarath Silva found nothing wrong in it. This was later propounded as the “Sarath Silva Doctrine.”

Since the appointment of Sarath Silva as the Chief Justice the glut of Fundamental Rights applications that were pouring in drastically reduced. At the time he assumed office he was not a great proponent of fundamental rights. When UNP Deputy Leader Karu Jayasuriya went to court seeking justice during the general election held in 2001 against several media institutions the new Chief Justice spontaneously granted leave to proceed and fixed some of those cases for argument after the election. His motive was clear. At the general elections of 2001, the UNP won and Chief Justice Sarath Silva mellowed down. The cases were settled later with an apology and a nominal ex gratia payment.

In S.C. FR Application No. 586/2001 Counsel appearing for the Independent Television Network gave an undertaking that they will comply with Article 104(B) (4)(a) and 104(B) (5)(a) of the Constitution, but all this was passe, the elections had already been concluded. These were the guidelines issued by the Commissioner of Elections.

A new crop of petitions then began to come in to his court. One was against S.B. Dissanayaka a minister in the PA government. He was charged for contempt of court. He initially got away with a warning.

Cohabitation

However Prime Minister Ranil Wickremesinghe and Chief Justice Sarath N. Silva had an uneasy relationship. At the annual dinner meeting of the Voetlights Society held at Hotel Oberoi in 2003, as its president, I happened to be sandwiched between the two of them. It was the time of a cohabitation government between President Kumaratunga and Prime Minister Ranil Wickremesinghe. The Premier told the gathering that he would take a leaf from my book on cohabitation with Chief Justice Sarath Silva so that he could practice the same with the President. They exchanged a few pleasantries over my shoulder.

However the Prime Minister and the Chief Justice never saw eye to eye. Much later at C.R. De Silva’s (later Attorney General) son’s wedding Chief Justice Sarath N. Silva was seen taking a detour, zigzagging through chairs and tables so that he could avoid Wickremesinghe who was also present talking to a group of lawyers which included his personal lawyer, Asoka Samararatna so that he could leave the TransAsia Grand Ballroom without having to say a polite “hello”.

With the election of the new government in 2001 “Sarath Silva’s fan club”  at Hulftsdorp launched an offensive on a  bunch of allegations that were brewing. Victor Ivan, the late Suranjith Hewamanne, Desmond Fernando, Hemantha Warnakulasuriya, Waruna Karunatilake, Rajitha Senaratna and myself were meeting at Hewamanne’s residence. An impeachment motion was drafted by me and Rajitha, communicated to the UNP hierarchy. Ivan did not need much “proof” as he now requires on other matters on the allegations as he was convinced that there were sufficient grounds to impeach the Chief Justice.

The UNP Government then adopted a parliamentary motion with the sting taken away by the party’s legal luminary K.N. Choksy. Many felt he did not want to get into the bad books of the Chief Justice. For Choksy his purse was more important than the cause.  Dr. Rajitha pushed the motion with a vengeance at the UNP parliamentary group meeting. Former Attorney General (later a cabinet Minister) Tilak Marapone signed it with reluctance along with 50 MPs. The JVP too supported the motion.

While  steps were being taken to table the motion in parliament an application was supported in the Supreme Court to thwart the attempt to move the motion in parliament. The interim order made by the Supreme Court ended up in the Speaker’s wastepaper basket. Speaker Anura Bandaranaike minced no words in his utterances whilst making his  intentions clear.

Parliament dissolved

In short, the impeachment motion led to the dissolution of that parliament as President Chandrika came to the rescue of her beleaguered Chief Justice.  At the general elections held in 2004 the UNP was defeated. S.B. Dissanayaka was charged again for contempt. This time round, he was sent to jail for two years by a bench presided over by CJ Sarath Silva himself.

In early 2005, the new Prime Minister Mahinda Rajapaksa inspired some well wishers to file an application in the Supreme Court seeking an early presidential election in 2005. President Chandrika was hysterical. The judgement was by Chief Justice Sarath Silva and two other judges concurring. Justice Nihal Jayasinghe who was a judge of the Supreme Court during this time and also a frequent visitor to Temple Trees was later appointed by President Mahinda Rajapaksa as the Sri Lankan High Commissioner in the United Kingdom upon his retirement.

Chief Justice Sarath Silva’s judgment on an early presidential election was embraced by Mahinda and his supporters. If this judgement is respected today even in the unlikely event of Mahinda getting re-elected he will have six years to go, instead of eight years by virtue of the 3rd Amendment to the Constitution.

Chandrika’s honeymoon with her Chief Justice Sarath Silva was over. Her barrage of verbal assault on him was painful and derogatory. As far as she was concerned, her Chief Justice was never to be forgiven. Of course feelings became mutual. With this judgement her inevitable fall from power and grace was to begin.

Soon after this Prime Minister Mahinda Rajapaksa was to face a political crisis of some magnitude when allegations were made that he had misappropriated funds received from foreign donors following the tsunami disaster of some months earlier. It was known as the  “Helping Hambantota” crisis. But this matter was resolved by a judgement of the Supreme Court, presided over by Chief Justice Sarath Silva who went to the extent of fining the complainant.

For the first time in the history of the Supreme Court an ongoing investigation was stopped and the complainant to the Bribery Commission, Kabir Hashim was punished. Rs. 82 Million was credited to an “account” with the account holders address at No. 166/A PANGIRIWATTE MAWATHA, NUGEGODA in respect of Standard Chartered Bank A/C No. 00-02-1237322-01. This was in violation of the circular issued by the Secretary to the President, W.J.S Karunaratne dated 29th December 2004.

Sarath decreed that the transaction was regular. Prime Minister Mahinda was relieved. In the run up to the presidential election in 2005 the topic “Helping Hambantota” was tabooed. Prime Minister Mahinda had to be ever so grateful to the then Chief Justice.
In another important judgement delivered by the Chief Justice the presidential perks of outgoing President Chandrika Kumaratunga were pruned. The house  allocated to herself at No. 27 Independence Avenue, Colombo 7 was deprived to her. This was another judgement that received bouquets from the public as many felt that the President ought not to have distributed public largesse to herself.

Hedging case

Orders made by Chief Justice Sarath N. Silva rescued President Mahinda Rajapaksa’s government and of course the country on many instances. When Mahinda had no straw to hang onto in the Hedging Deal the Fundamental Rights Application that was initiated by monk Ven. Kinniyawe Palitha (hamuduruwo) and UNP MP Ravi Karunanayake was taken up before the Chief Justice’s Court. Sarath Silva saved US$ 1000 million,  a direct loss, which was the biggest ever financial disaster that this country was faced with.

The state-owned Ceylon Petroleum Corp. entered into contracts with five banks led by Standard Chartered Bank, since January 2007, to protect itself against rising prices. The terms of the contract and its execution became a scandal. When prices were over $135 per barrel in mid-2008, the CPC entered into the hedging contracts protecting itself on the upside trend and over looked the down side.
But with prices crashing after that, and later sitting at $41 per barrel, the CPC ended up owing the banks, and the latest liability could be as high as $1 billion by May 2009, at fallen crude prices.

If the Court did not intervene the government would have faced a dire financial crisis. The Supreme Court under the Chief Justice’s watchful eye did not stop with that. They made an order that Asantha De Mel, the then chairman of the Petroleum Corporation be removed forthwith on the basis  that he was not even qualified to be an arachchi in the Supreme Court. Of course Asantha did not faint when the order was made. There would have been no money to pay the salaries or to wage  the war if not for the intervention of the Supreme Court. The only saving grace for the government in the hedging deal is that the losses were not met by the government.

However at the arbitration it has been agreed that at least half the damages would be paid to the foreign banks. This would mean that a staggering US$ 500 million would have to be paid to the foreign banks by the government. The final outcome of the hedging case was that the Supreme Court recommended that the price of petrol be reduced to Rs. 100 per litre. The government gladly complied with the first part of the order made by the Supreme Court in not making the payment to the bank, but stubbornly refused to carry out the order with regard to the reduction of the fuel prices.

Public Trust

The Establishment of the Post-Tsunami Operational Management Structure (PTOMS) was averted by a bench presided over by Sarath N. Silva, CJ. This application was the brainchild of the JVP.

The demerger of the north and the east was another feather in his cap.

The Waters Edge case  was taken up before a bench comprising of the Chief Justice Sarath N. Silva, Shiranee Thilakawardena J.  and P.A. Ratnayake J.. The Judgement of Shiranee Thilakawardena was concurred by the Chief Justice and  P.A. Ratnayake J. In the Waters Edge case it was held by the Supreme Court – that,  “all facets of the country – its land, economic opportunities or other assets – are to be handled and administered under the stringent limitations of the trusteeship posed by the Public Trust Doctrine and must be used in a manner for economic growth and always for the benefit for the entire citizenry of the country and, we repeat not for the benefit of granting gracious favours to a privileged few, their family and or friends.”

The case in connection with the raid on the lodges in Colombo and giving marching orders by the Defense Secretary to the Tamils in the lodging houses earned him many accolades from the minorities and also civil society.

In the Lanka Marine Services case he concurred with N.G. Amaratunga J. and Balapatabendi J., that the common user facility used by the Lanka Marine Services Limited be divested to the original owners – the Ports Authority. In view of the profits made so far by John Keells Limited, over Rs. 4,000 Million,  he made no order for compensation to be paid to John Keells.

Grand finale

A few days prior to the retirement of Sarath N. Silva, the Sri Lanka Insurance case was  cream on the cake. The bench presided over by Sarath took considerable time in delivering the exhaustive judgment authored by Justice N.G. Amaratunga, a master piece that shook the financial underworld. It was a sigh of relief and horakamata thitha. Matters that were left to the “gods” were taken over by the “lords” of Hulftsdorp.

Several important legal principles have been laid down in these judgments. The Court has been flexible with the time bar issue, that is the time period allowed before bringing a case to court, essentially in the public interest. No public official however high and mighty could get away with a shady deal involving public funds purely by claiming a time bar. The Public Trust Doctrine has been upheld more than ever before. These applications were all public interest litigations that would always be respected by civil society and the legal circles.

Of course there are also the critics who attribute various motives for the outcome of these judgments which are undoubtedly landmarks in Hulftsdorp hills. These judgments would not only be remembered but would be followed by the judges in future unless set aside for valid reasons by a fuller bench ( five or more judges).

Chief Justice Sarath N. Silva has made a valid attempt to clear his early days when he was accused of political partisanship. With his retirement at least in the field of Public Interest Litigation there seems to be a sudden void. Whether this void can be filled is to be seen with the passage of time. Destiny has changed its course. Those who embraced Chief Justice Sarath Silva  at the beginning of his tenure despised him towards the end of his career. Those who opposed him at the beginning in principle had no reason to oppose the final outcome. Sarath Silva is no more in the Judiciary. He is retired and now emerged as a politician of sorts.

Late UNP Minister Gamini Dissanayake published a book titled Life – A Beginning At 50. Probably for now retired Chief Justice Sarath N. Silva a new life has begun at 65. Of course his style, mannerism and the flamboyance is unchanged and unparalleled.

Sarath the politician

Sarath Silva is no more a supporter of Mahinda Rajapaksa. Whether it is by popular demand or following the mass mood, the Chief Justice- turned politician has come out in support of General Sarath Fonseka. Here again it is not without precedent for judges to become politicians and politicians to become judges. Former Judge of the Supreme Court  Jaya Pathirana is a case in point. He who contested from the Sri Lanka Freedom Party Ticket was appointed by Mrs. Bandaranaike to the Supreme Court. Jaya Pathirana’s competence as a judge was unquestionable except in matters with political connotations. Retired Chief Justice Sharvananda accepted the appointment as the governor of the Western Province, a somewhat political post.

Minorities

Sarath Silva is now enjoying the freedom to which every citizen is entitled to. However this is not something that is alien to him. He is held in high esteem by the minorities. His stance as the Chief Justice helped them to preserve their fundamental rights and their dignity to some extent.

If not for his courage and the conviction to stand up against the militarisation of the Mahinda Rajapaksa regime, helped salvage the situation to some extent. Despite all the criticism that was leveled at him he survived to stand up to the might of the government and more particularly the almighty Defence Secretary — who called the lawyers who opposed him in a civil (defamation) case against The Sunday Leader as traitors — was put in his place.

In the annals of Hulftsdorp, decisions against the government in power are rare. However there are many instances where stringent orders/judgments have been delivered against politicians and high ups when they were out of power. Though he did not see eye to eye with the UNP leadership his policies on the minorities are more consistent with that of the UNP. The UNP was never a racist party. Sarath was never known to be a racist.

He was always concerned of shortening his long journey in Sansara. He has now embarked on a new journey in politics with a slight deviation from the earlier course. I wish him Bon Voyage.

64 Comments for “Sarath Silva: A Retrospective”

  1. sunil j fernando

    I fully agreed the above comment about Mr.Sarath Silva ther former chief justice.I have some emories about controvercial judgements he delivered ,during his tenure in office irrespective of party or person. He and foemer chief justice Mr.K.N.G Fernando, the father of Mr.ark fernando, were in the same calibre of judicial officers, who very clearly upheld the justice ,acccording to the sri lankan feeling and the benifit of the public interest.Istrongly approve his present stand for the justice for the prospective sri lanka, without thuggery and corruption and hope he will give his correct justful direction for the prospective parties coming to power,for just governance so that colossall monies being misappropriated by the politicians,could be diverted to the developmenmts and helping the poor.Afterall politicians are appointed by the peoples vote to tale care of the welfare of the people,which means the country.Without its own people there is no country. and the people are always important and superior.That is how the democracy should work.But todays politicians dont care about this but a taken care of them and their famiilies.

    I wish all the progressive forces the luck and blessings.

    God bless sri lanka.

    sonil

    • Samantha

      He is the worst judge we had in our times.

      • PAK

        I AGREE WITH SAMANTHA ! SEEMS PEOPLE HV FORGOTTEN THE ACID EPISODE FR DA HUSBAND OF HIS MISTRESS

      • Pimp

        Congratulations Mr. Sarath N Silva!!!!
        As a youth , Once you become the PM, I humbly request you to enact new marriage laws to get others wives if we desire.
        I heard you have great experience in getting other’s wives. Please enact it enabling us to do the same. Because one of my neighbors recently married a beautiful young lady to whom I like to sleep with.

    • chinthaka

      Horu samaga Horu. Both womanizers and s.n. silva caught near diyawanna oya. SF have good history of treating ladies and known fact in army. Sri lanka can be another Bangkok and mount lavina beach will be pataya beach in sri lanka. Well done playboys.

  2. Ilaya Seran Senguttuvan

    Sarath Silva took the Supreme Court into the political front and dispensed
    justice according to his whims and fancies. He is no darling of the minorities -
    if Upul J means Tamils. He knew when he gave the judgement demerging
    the NEP he was upto mischief. He now tries to come out of this by publicly
    stating there is “still room for the restoration of the status quo” The latter is one further abrogation by GoSL of a solemn agreement with another country that was
    invited to help Sri Lanka. In the Buddhist TV Channel controversy he is accused of pecuniary irregularities – which I believe is the first time this has occured in respect of a Chief Justice. Even our declining standards of governance and grotesque
    judicial system can do without his like.

    ISS

  3. Sarath Fonseka

    Once I Become president I am going to dispense all these courts and judges I dont need rules or courts to rule the country I have guns and bullets

  4. P.L.J.B.Palipana

    GOOD LUCK HON.SARATH FONSEKA.
    P.L.J.B.Palipana,P.Eng
    SURREY,BC,CANADA

    • CHRIS

      HON. means HONING or HONK or any other meaningless word from that Nothing There?? he he he

    • Sama

      Dear Pali,

      SRM here, we know how you became an ‘Engineer’. Don’t try impress people with bogus qualifications or accept that Mervin Silva too has a doctorate.

      • justitia

        In canada those who qualified as technicians from the Hardy Institute,Amparai are now “engineers” without any further qualifications.

    • justitia

      Dear Palipane,
      You forgot to write your engineering degrees and universities you got them from.
      Or, are you a technician who passed out from the Hardy Tecnical Institute, Ampara?

  5. Chandra de Silva

    We totally agree with the author in his analysis about the former CJ. However we need to point out that it was SNdeS former CJ’s decision that had helped the corrupt politicians immensley to jump from one party to another when the going is not in their personal favour.

    The basic rights of the voter, protected by the constitution is violated by legally accepting the movement of MPs of the parliament from one party to another is in order. Simple Simon votes for the party and may or may not cast his vote for the names in the list ( preferential ) At the end of the day when one of those nominated by the party to the parliament crosses over to another party as per a judgement given by former CJ, that MPs does not lose the seat but sit under a different Party, not the party the simple Simon voted for. This act is in violation of the constitution, thus the fundamental right of simple Simon to elect a party of his wish.

    This happened, if We may recall when Mr. sarath Amunugama jumped party
    ( from UNP to ruling PA led by Chandrick B )and was given OK by the then CJ Mr. SNDe Silva. This particular situation has made political parties redundant and the power trasfrred to the member who contests and wins. This is in total violation and the Simple Simon no longer votes for the party but indirectly for the candidate who has become all powerful. This has led to these MPs
    ( opportunity ) who are elected, to intimidate voters and go on a wild spree of corruption, molesting women, intimidate voters and use powers to install Bars to his or her benifit. In short they are given power to violate the five precepts of Buddhism. End result is a corrupted degenerated country. No point giving Dharmadesana in TV having created an opportunity for the society to degenertae its future years to come. Until is situation is changed we see no future for Sri Lankans but only for those who become MPs of Parliamnet.

  6. Guru

    sarath n silva kalisama galawagena diyawaanawa laga kellek ekka hitiya kiyana katawa attada? victor eheme pothaka liyala thiyenawa..

  7. senevi

    Mr.Sarath silva,
    i think you will be the next prime minister of general fonsekas government.
    we appreciate you sir.i have a special request sir, if you elected as a prime minister.please try to implement above things.

    1. Do not give any ministry to JVP (Keep them to election campaign only )
    2. please give independent home land to TNA ( political body of LTTE)
    3. Give independent home land to Rauf Hakkem.
    4. keep mangala samaraweera as your chief adviser.
    5. select Ranil Wickramasinghe as your political adviser (he will teach you how
    to speak in tamil, how to clap , and how to play rabana )

  8. Chandra de Silva

    I EXPECT READRES TO PARTICIPATE IN A FACTUAL RATHER THAN DISPLAYING THEIR IGNORANCE, STUPIDITY AND TOTAL LACK OF DISCIPLINE WHEN PARTICIPATING IN A FORUM DISCUSSION> GROW PLEASE> THIS IS WHY SRI LANKA IS STILL LAGGING FAR BEHIND COMPARED TO OTHER COUNTRIES> WHERE CAN WE HEAD WITH PEOPLE LIKE YOU ALL WHO CANNOT CONTRIBUTE IN A CONSTRCUTIVE MANNER??

    GOD BLESS SRI LANKA> LANKAWATA BUDHU PIHITAI.

  9. James Thenuwera

    He was unpredictable, the worst thing a judge should be in a judicial system

  10. James Thenuwera

    P.L.J.B.Palipana,P.Eng
    Canada

    Mokada butter ganne job ekak balagenada? Nariya

  11. Ravi C Sam

    The Two Saraths have carved their names in history of Sri Lanka…………. Both of them should now think of the Nation………… What does the nation need……..? Are you both going to get trapped in the political pit which have ruined this country…..? What ever government came into power have successfully draged this country down to the path of misery……? All because of petty politics………..? Sir John Kotalawala did so much for this Nation he gave everything he had to build a better tomorrow for our people……….But the election results which said good bye to him……….Sir John Kotalawala would have felt sorry this country looking at the way how our prople did not understand whom to elect…..? Unfortunately it is not like Sri Jon Time now. …all have changed upside down……..Who can make it right…. Name one person please….

    • loku baba

      Yes,you are halfway correct Ravi C.Both Saraths would have carved their names in history of SL,but in a different way. 1.SF as a person who played a major roll in defeating LTTE & went to LTTE side at last. 2.S.N.S as a person who played a major roll in de-merging north & east and helped to re-merge it at last.

    • Sir John was a bluff PM and a misfit. To understand his honesty speak to his own relatives of Kahatagaha Mines fame and read the Retd Chief Justice SANSONI ARBITRATION CASE- Relatives Vs Sir John K. , and how he bought the farm in Kent, England. Follow the story of Sir John in THE ISLAND newspaper as well.
      Out of good politicians, read about real patriots like Sir Arthur de Silva, Mr F.R. Senanayake, Mr E.W. Perera, Sir D.B.Jayatilaka and Dr C.W.W. Kannangara and compare with the life of Sir John.

  12. James Thenuwera

    Sarath Silva – not suitable to the Prime Minister. Some reasons are as follows-

    Too many women’s issues. Diyawanna Oya incident is just tip of the iceberg (refer to the daft impeachment motion brought in by SB and others in the Parliament)

    He met harry jayawardeane before the insurance corp decision (harry was given billions of dollars treasury bonds -. No judge should have done a thing like that

    His decision – police can’t search persons when checking the ID cards
    His decision – forces cannot do home searches after 10 pm
    He let Tiran Alles go scot free when millions of dollars were found with him where he could he give no explanation. Alles is now running Fonseka’s election funds.

    His bizarre acts at Sambodhi Vihara and the Buddhist Channel. There is a saying that an LTTE person gave millions of dollars to the channel

    An innocent person in Kandy has brought a fundamental rights case against him for taking revenge against that person. There is a saying that more to follow
    There are lots more –

  13. James Thenuwera

    Sarath N Silva is now a multi millionarire. Why does he want to come to the public scene again?

  14. James Thenuwera

    when criminals (who committed murders, drug offences etc) appealed to the Supreme Court against the sentence from the lower courts Sarath N Silva would let them go scot free. This happened so many times without anybody’s knowledge (look at the statistics). What sort of a judge would do that when his duty is to protect the society from these nefarious characters. This happens mostly during the time Kamalasabeyam was the AG. Sarath and Kamalasabyean worked together as a team to achieve these results. Sarath Silva wanted to help Sarath Amunugama so he declared that the MPs are allowed to change the parties while still being a member of the Party!!!. Even the Babanis on the street knows this has no rationale. And this was our Chief Justice!!!!

  15. James Thenuwera

    when criminals (who committed murders, drug offences etc) appealed to the Supreme Court against the sentence from the lower courts Sarath N Silva would let them go scot free. This happened so many times without anybody’s knowledge (look at the statistics). What sort of a judge would do that when his duty is to protect the society from these nefarious characters. This happens mostly during the time Kamalasabeyam was the AG. Sarath Silva wanted to help Sarath Amunugama so he declared that the MPs are allowed to change the parties while still being a member of the Party!!!. Even the Babanis on the street knows this has no rationale. And this was our Chief Justice!!!!

  16. AJ-Sydney

    Look at this country have the best eucated and experienced corrupt free leader Ranil we dont like hime why????. If he didnt sign the peace accord and plan with Indians nothing would have happend.d. Any body would have won the war like MR conducted.
    Ranil is the best person to develop the country ,His experience from 1977 to 2010.No body like him in UNP as well because he is a straight forward man and all politicans in Srilankaare corrupted so Ranil cannt get their support.
    Prba was trying to play games during presidnetial election now see what happen.
    Will Any SL Government ask all the governmen serviants , Police Officers ,Army Officers and Members of Parilment to decalre the assets.
    Sarth De Silva wont be like Ranil guys. Look at his blunders above.

    Mind you was is over ,but still problems are exist. MR or SR for killied innocent civil ians, sexusully abusing woman and no action or apoligies still has been taken ti reconcile the wounds. to redit to it was conducteCapturing some 50 Kilo meters and using help form world agisnt childsoliders and

  17. AJ-Sydney

    Look at this country have the best eucated and experienced corrupt free leader Ranil we dont like hime why????. If he didnt sign the peace accord and plan with Indians nothing would have happend.d. Any body would have won the war like MR conducted.
    Ranil is the best person to develop the country ,His experience from 1977 to 2010.No body like him in UNP as well because he is a straight forward man and all politicans in Srilankaare corrupted so Ranil cannt get their support.
    Prba was trying to play games during presidnetial election now see what happen.
    Will Any SL Government ask all the governmen serviants , Police Officers ,Army Officers and Members of Parilment to decalre the assets.
    Sarth De Silva wont be like Ranil guys. Look at his blunders above.

    Mind you was is over ,but still problems are exist. MR or SR for killied innocent civil ians, sexusully abusing woman and no action or apoligies.Capturing small area in the Islan using all the help from world nasty India to Iran.Fighting against child solidiers.Should appoint a committe to inquire about the whole war since 1983 including Army, Navy ,A ll so called Tamil and Muslim movements and damges to all communities should be indentified

  18. Lal

    Sarath Silva is an idiot became CJ in Sri Lanka by mistake. He has delivered most ridiculous judgements and among them are:
    1. Ordering removing security checks (road blocks) during an era where terrorists are active – thus endangering the lives of ordinary citizens
    2. Ordering the government to reduce fuel prices. Who the hell he thinks he is?
    This guy, along with SF, wants to run their own show and nobody should give a dam. The guy who wrote this article is deranged (what else you can expect from a journo working for an anti-national tabloid like SL).

  19. Charindra

    LAL PONNAYA

    • senevi

      chi… chi… Charindra “gona unata umbaganna epa” aduraganivi honde?

    • CHRIS

      since you called someone ponnaya -means you too in the same clan and you know what is common between those 2 saraths?? ha ha ha if you know it or not -we can say you too in that sickness…he he he

  20. NonResident

    Bravo! Bravo! Bravo! Typical Sri Lankan politician at play!

    If this article was by a layman I would have ignored and not commented, but Upul being a respected Attorney-at-Law, I am forced to put in my two cents to set the record straight.

    Any person with a little bit of common sense (and not necessarily any legal sense) will figure out what type of an individual former Lordship Sarath Silva is based on the said article. Judgements by judges of courts, especially the highest judicial arm in the country should be based on the merits presented to courts, substantiated by facts, in accordance with the rule of law, and most importantly, in a constitutional manner. In analyzing Upul’s epilogue on Sarath Silva’s career as Chief Justice, it is blatantly evident, the drivers of Sarath Silva’s (including his pack of yes-men) judgements were neither, merits substantiated by facts or the rule of law including the constitution, but unfortunately for Sri Lanka, the main drivers of these decisions described eloquently by Upul in his epilogue were other factors which should never be considered by any honorable judge (leave alone a judge of the supreme court) making a ruling or order. The intention behind every judgement mentioned in the article is not to judge by the merits of the case, but based on currying favors from politically inclined individuals. I am surprised this is music to a respectable attorney! Maybe with the current change of tide the motive behind this article is to make sure Upul is in the elite list of Sarath Silva’s new found friends.

    Interestingly after detailing all Sarath Silva’s dubious judgements, Upul forgot the “Mother of all Judgements”, The judgement that induced our parliamentarians to practice the “oldest profession”. Today, thanks to learned former Lordship Sarath Silva, we have a new item in the agenda of Sri Lanka’s legislature; “Whores on Parade”. Sarath Silva unconstitutionally ruled that members of parliament could cross over at their whim and fancy after parading the corridors of the legislature like whores, selling themselves for anything and everything that could fill their coffers. Thank you, your learned former Lordship Sarath Silva, for introducing the taste of the “Oldest profession” to our legislature, you are still held in the highest echelons by Sri Lankans in the calibre of Upul Jayasuriya. To my layman legal sense, the voter in the Sri Lankan Constitution is supreme, and his vote at a parliamentary election is for a party and this principle is paramount. The voter for sure did not vote for a party to elect “Whores on Parade”, who could rely on a dubious judgement and sell themselves. This judgement is unconstitutional, and based on a misinterpretation of the Sri Lankan Constitution, and was made to curry favor with former president CBK.

    Remember, we live in Sri Lanka, the land of paradise, where men of dubious character are venerated!

    Icing on the cake; His former Lordship the Chief Justice of Sri Lanka, the learned Sarath Silva, the dubious chief justice of the supreme court, who introduced the “oldest profession” to our legislature, is now a self proclaimed “Prophet of Democracy”

    This is the calibre of individuals who have taken us Sri Lankans to the gutters!

    God help Sri Lanka!

    • Johann Gunasekara

      The galant effort of all forces to enhilate the LTTE has today been totally watered down by the current power struggle and Presidential election.

      “Non Resident” you are spot on, this decision is the single most corrupt decision that SNS has made, by corrupt I mean, it paves the way for absolute corruption to remain in power.

      Those UNP / JVP members who crossed the floor violated the fundamental rights of voters who sent them to parliment under the UNP / JVP ticket. If these members didnt receive the majority to form govt, then they should do the next best thing by holding the govt to account by maintaining a robust opposition, this if the fabric of democracy that SL lacks.

      Greed for power, money and possition pushed these scabs to decamp ably assisted by the greed of the highest office. I’m sure the same gravy train would have stopped by SNS’s door step how else could you account for such a dubious decision.

      But this is not new, remember how JR brought in trumped up charges about a Naxalite movement that survived an appeal at Supreme Court enbabling referandum instead of a Presidential election?

      So where are those doned the silk robed who took oath to protect justice, they hide behind there huge mansions and offices and whimper about these dubious decisions, instead of taking to the streets and protest (like the Pakistani Lawyers) and bring a halt to the courts until these dubious decisions are reversed….shame shame on you legal eagles

  21. This idiot validated the Help Hambanthota fund which was a fraud. Why should the money be held in MR’s sister’s account then? Rather than putting MR in jail this idiot penalized the complainant. This is a most damaging thing as this created a dangerous precedent – since then no one has come forward to lodge complaints against corrupt politicians. The only good thing Sarath Silva did was demerging the North and East. I think this supersedes most of his very bad evils. But, now he states when he becomes the Prime Minister he will remerge the North and East. This man is a donkey, not a lawyer. Sarath Silva we do not want to see your face again please disappear into thin year, please.

  22. AJ Sydney
    According to SB Ranil is corrupt, and SB was the Chief Organiser of the UNP so he knows a lot. What happen to the millions of dollars donated to the UNP, Ranil puts the money into his pocket. Sirikotha has no money even to change a light bulb, whereas Ranil goes around the world all the time. All politicians, bureaucrats and government officers are corrupt – because the leader of the country is corrupt. Chandrika, MR were and are exceptionally corruptors. Only Sarath Fonseka can fix this cancer. Let’s give him a chance as there is no nirvana from MR, for sure. Above all SB is going to be MR’s Prime Minister, my foot. But, if Sarath Fonseka is going to bring in Chandrika, her son, Ravi Karu, Jayalth Jaya, Luxman Kiriella, Sarath Silva etc’, then god bless Lanka. We will be embroiled ina world of utter corruption! Our poor souls.

  23. P.L.J.B.Palipana

    Any Political Leader of the world should work to give his/her people the Basic Needs of the people.Please go to MASLOW or FREDRIC HERSBERG TWO FACTOR THEORY.
    P.L.J.B.Palipana,P.Eng
    SURREY.BC.CANADA

  24. Politikka

    Its interesting to see the comments made by the readers about Silva. In my humble opinion he is the worst judicial officer this land has ever seen. I dont need to mention the judgments all over again as it has been done by Upul Jayasuriya and the other readers. These amply demonstrate his partial judgments which were given simply to fatten his purse or to keep his position. Up until his tenure as CJ at least the Judiciary in our land seemed to be independent. Admittedly there were a few gaffs, but they could not be taken to suggest that the Judiciary was partial. However Silva changed all that. Blatantly handing out judgments to fill his pockets or remain in office his conduct amplified the ills of Sri Lanka. His actions to satisfy his personal vendettas against people is nothing more than reprehensible. His arrogance also ensured that he cared little about peoples opinions. His conduct ( as illustriously commented on by a reader above) is nothing short of disgraceful and juvenile.

    After all this, his hypocrisy is nothing short of monumental. He should at least depart gracefully without trying to be an authority on Buddhism. It only reveals his true nature.
    He sold the position to fatten his purse and now he intends to sell his religion to fatten his purse. Are we in Sri Lanka so bankrupt of eminent persons that we now have to pay hosannas to people of Silvas caliber.

    Sarath Fonseka, I believe is a man who has not in anyway resorted to the type of foul conduct as displayed by Silva. He may have had his weaknesses and he may not always be right. But then which human being has no weakness and who has been always right. So little does Sarath Fonseka need the support of Silva. However politics will always be politics even if it is played out in Mars. So for now I think he will not reject the support of anyone including Silva or others of his kind.

    Sarath Fonsekas manifesto clearly promises us that he will restore the institutions that we so badly need in our society. It is the lack of these institutions that have created people such as Silva. At least if these institutions are put in place we can hope that there will no longer be any Silvas to contend with in the future.

    Let us hope that Sarath Fonseka wins and more importantly let us hope he keeps to his word.

  25. Now You can LEGALISE the PARLIMENT Road for Lovrs ( You konw the ATHAL of it) Enter it to New cnstitution

  26. P.L.J.B.Palipana

    Good Luck Hon.Sarath.N.Silva.
    P.L.J.B.Palipana,MICE(U.K),M.I.Struct.E(U.K),P.Eng
    SURREY,BC,CANADA

  27. Palipana is a nut case. Keep your degrees to yourself. May be it’s too cold for you in Ontario, and expects Sarath Silva to give him a job, when Sarath Silva is in power after 26 Jan. You must be day dreaming PLJB Palipana (Pimpi Lejjanethi Jarawata Bara Palipana)

  28. AJ-Sydney

    This is the first time , I heard Ranil from readers comments about he was corrupt, but dont belive SB.
    Ranil has not look at the short term popuarity and benefits. SF may the best person to get corruption out of the counrty.

    Corruptions strat from Colombo Airport to Income tax office office assistant.
    We need to learn from Signapore and need to outsource the police and income tax office to Singaorean not Indian please.

  29. AJ Sydney

    I can say with absolute confidence and certainty that Ranil is corrupt. When Prime Minister, his inner circle did he corruption and put money into his overseas bank accounts. That’s why he is silent about the corruption in MR regime all these politicos are corrupt mate. Thanks to big time corruption Ranil is one of the richest men in Sri Lanka. even the way he entered into politics is nepotism – his father Esmond spoke to JR and put the son into politics. JR gave him the newly created Biyagama seat when Ranil has not even stepped into Biyagama prior to that. Ranil is related to JR through DR Wijjewardane (his mother was DR’s son, and DR was JR’s mother’s brother – I think).

  30. Chandika

    Sarath N Sival is a famous womanizer and Sarath Fonseka as well. Now we can see the birds of same feather flock together.Sarath N Silva is disappointed with Mahinda Rajapakse as he failed to demolish executive presidency. I would like to know about his comments on his former guardian Chandrika Bandaranayake,who gave very similar promise to JVP in writing. These people are despicable liars. Their behavior is disgusting.

  31. My wife said if Sarath Silva to comes to our house begging for votes she will give him a good bashing with the ‘idala’ so that he will run worshiping his two legs. Don’t ever come our way, you Moron

  32. Sarath Silva gave magistrates posts to all female good looking female lawyers whom he mollycoddled with. If Sarath Silva comes for election campaigns to my area my wife said she will quickly ask our immensely beautiful 23 year old daughter to go inside the house as this guy is a sexual predator

    • sarath silva

      James, you will never know how your wife and daughter will react if I come to your house. Please remember ladies love sexually active people and not losers like you. I will make it a point to visit your place to see how they will react. You better find a new place after my visit to your place. he he he……….. you know why, bcos your wife may take “Idala” against you.

      • Chandika

        Yes!Yes!! We all Sri Lankans know that ponseka and you are very sexually active pirates. So instead of coming to politics why do not you start a brothel jointly? You can have a patnership with “Paba”!

  33. this man is a sexual pervert sarath silva, who talks bana in the buddhist channel

  34. P.L.J.B.Palipana

    Dear Mr.Chandra de Silva,
    Your analysis is very correct.

  35. P.L.J.B.Palipana

    The country should be ruled by Top Professionals such as Hon.Sarath Fonseka, Hon.Sarath.N.Silva ete and our International Community must give hand to them for the forth coming next 10 years to re-build their Mother Land.

  36. justitia

    Sarath Silva the chief justice, heard a case filed against him and punished the complainant.
    He disbarred a leading lawyer for seven years for reading his fundamental rights plaint ‘in a loud voice’.

  37. Bathala Kota

    The man is a scoundrel. This is the fellow who sent an innocent man to a years hard labor for ‘speaking too loudly’ in court. There he was beaten and tortured. Eventually he ended up in hospital chained to his bed. All this because he dared to challenge Sarath Silva’s right to judge him. Sarath Silva should have been kicked out years ago. It is because of powerful people like him that Sri Lanka has no future.

    http://www.thesundayleader.lk/2010/01/10/sarath-silva-a-retrospective/

    • Bathala Kota

      The man is a scoundrel. This is the fellow who sent an innocent man to a years hard labor for ’speaking too loudly’ in court. There he was beaten and tortured. Eventually he ended up in hospital chained to his bed. All this because he dared to challenge Sarath Silva’s right to judge him. Sarath Silva should have been kicked out years ago. It is because of powerful people like him that Sri Lanka has no future.

      See the record at
      http://www.alrc.net/doc/mainfile.php/dialecticsofjustice/444/

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