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FINANCIAL CHRONICLE™ » FINANCIAL CHRONICLE™ » Why should I go to court? I am somebody!!

Why should I go to court? I am somebody!!

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1Why should I go to court? I am somebody!! Empty Why should I go to court? I am somebody!! Wed Dec 26, 2012 11:17 pm

Jeremy

Jeremy
Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
I dont need to go to courts ...

Next time I drink and drive..
Next time I runover a pedestrian..
Next time I cheat a client..
Next time I rape a girl..
Next time I steal money..
Next time I kill a man??

Why...

If courts of this country can be avoided by somebody..
Why not everybody!!

Dec 21, 2012 (LBO) - Sri Lanka's court of appeal has summoned parliamentary Speaker and legislators who were in a committee that found the Chief Justice guilty of misconduct in controversial circumstances.

Sri Lanka's Chief Justice Shirani Bandaranayake went court asking to quash the decision of the committee saying she was denied natural justice, the committee was biased, and that it was not an independent tribunal.

The court of appeal has ruled that it had jurisdiction to hear the case, reports said, in a landmark decision that will lead to the judicial review of the actions of a parliamentary committee for the first time.

Sri Lanka's Speaker had previously said that the parliament was not bound by court decisions, a position that was backed by opposition leader Rani Wickremasinghe, who also has a habit of claiming that the parliament is 'supreme'.

The Chief Justice in her plaint had cited a submission made by Sri Lanka at the United Nations over shortcoming in the island's impeachment process for judges in seeking judicial review of a decision made by a parliamentary committee.

"On the previous occasion the Human Rights Committee examined Sri Lanka’s periodic report, it express concern on the compatibility of the impeachment process with the scope and spirit of Article 14, since it would compromise the independence of the judiciary," the plaint said, quoting what is said was clause 302 in a set of documents.

"As stated above Article 107 a judge can be removed only on “proved grounds of misbehaviour or incapacity” and the standing orders allows for the judge in question defend himself either on his own or retaining a legal counsel, non adherence to the rules of natural justice by the inquiry committee would attract judicial review.

"Indeed nowhere either in the relevant constitutional provisions or the standing orders seek to exclude judicial scrutiny of the decisions of the inquiring committee. Thus, it is envisaged that if the inquiring committee were to misdirect itself in or breached the rules of natural justice its decisions could be subject to judicial review."
http://www.lankabusinessonline.com/fullstory.php?nid=46774672

K.Haputantri

K.Haputantri
Co-Admin
As I understand our Constitution, the Parliament is bound by SC & CA rulings when it comes to judicial review of its actions concerning its compliance with constitutional provisions and more specifically on interpretation of the Constitution.

If the Parliament has acted within the constitutional provisions and their actions are not ultra vires[i], then, none of the courts have any role to interfear in its affairs.

Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
GMNet wrote:I dont need to go to courts ...

Next time I drink and drive..
Next time I runover a pedestrian..
Next time I cheat a client..
Next time I rape a girl..
Next time I steal money..
Next time I kill a man??

Why...

If courts of this country can be avoided by somebody..
Why not everybody!!
As far as I know this is not regarding somebody or anybody.....This is a privilage to PARLIMENT not to a person.Therefore I am sorry to dissapoint you but you HAVE TO go the court if you fulfill ur dreams(above mentioned) Laughing Laughing Laughing

Kithsiri

Kithsiri
Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
Technically speaking, the Court is the only place where one can seek a redress / justice and if some can avoid this institute, simply on a technicality, then there will be no proper justice in that land.
The other interesting point to ponder here is the "Mandate".
Is it real? affraid

Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
It seems some do not like this contitution.....Then they can propose an amendment and if majority approves thenthat can be legalised. Wink But till then this is the procedure wehther you and me like it or not.

Kithsiri

Kithsiri
Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
Intimidations, White Vans, Mass Graves etc (and not forgetting කොම්පුටර් ජිල්මාල්) are a few examples that those in power (a few) do not like to see this happened. Shocked
@Whitebull wrote:It seems some do not like this contitution.....Then they can propose an amendment and if majority approves then that can be legalised. Wink But till then this is the procedure wehther you and me like it or not.

Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
@Kithsiri wrote:Intimidations, White Vans, Mass Graves etc (and not forgetting කොම්පුටර් ජිල්මාල්) are a few examples that those in power (a few) do not like to see this happened. Shocked
@Whitebull wrote:It seems some do not like this contitution.....Then they can propose an amendment and if majority approves then that can be legalised. Wink But till then this is the procedure wehther you and me like it or not.
No comments as I have useful things to do on this holiday. Wink

sureshot

sureshot
Vice President - Equity Analytics
Vice President - Equity Analytics
nadduth hammuge...badduth haaamuge

Redbulls

Redbulls
Director - Equity Analytics
Director - Equity Analytics
http://www.nation.lk/edition/special/item/13967-you-must-continue-this-historic-struggle-for-extrinsic-independence-not-just-for-the-judiciary-but-for-democracy.html

Redbulls

Redbulls
Director - Equity Analytics
Director - Equity Analytics
@Kithsiri wrote:Intimidations, White Vans, Mass Graves etc (and not forgetting කොම්පුටර් ජිල්මාල්) are a few examples that those in power (a few) do not like to see this happened. Shocked

Just for thought.
“First they came for the Jews and I did not speak out because I was not a Jew.
Then they came for the Communists and I did not speak out because I was not a Communist.
Then they came for the trade unionists and I did not speak out because I was not a trade unionist.
Then they came for me and there was no one left to speak out for Me.”
- German theologian, Martin Niem’ller

Kithsiri

Kithsiri
Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
When the Nazis came for the communists,
I remained silent;
I was not a communist.
Then they locked up the social democrats,
I remained silent;
I was not a social democrat.
Then they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
Then they came for the Jews,
I did not speak out;
I was not a Jew.
When they came for me,
there was no one left to speak out for me.

Martin Niemoeller

Thanks RB.

This is just for Reading Pleasure (once you are free from other activities during the holidays) only !

http://www.nation.lk/edition/special/item/13967-you-must-continue-this-historic-struggle-for-extrinsic-independence-not-just-for-the-judiciary-but-for-democracy.html

Kithsiri

Kithsiri
Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
[quote="Kithsiri"]When the Nazis came for the communists,
I remained silent;
I was not a communist.
Then they locked up the social democrats,
I remained silent;
I was not a social democrat.
Then they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
Then they came for the Jews,
I did not speak out;
I was not a Jew.
When they came for me,
there was no one left to speak out for me.

Martin Niemoeller

Thanks RB.

Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
[quote="Kithsiri"]
@Kithsiri wrote:When the Nazis came for the communists,
I remained silent;
I was not a communist.
Then they locked up the social democrats,
I remained silent;
I was not a social democrat.
Then they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
Then they came for the Jews,
I did not speak out;
I was not a Jew.
When they came for me,
there was no one left to speak out for me.

Martin Niemoeller

Thanks RB.
Nice poem to explain the actual situation in Germany during nazi regime. But sad to see some are misusing it.

Redbulls

Redbulls
Director - Equity Analytics
Director - Equity Analytics
[quote="Whitebull"]
@Kithsiri wrote:
@Kithsiri wrote:When the Nazis came for the communists,
I remained silent;
I was not a communist.
Then they locked up the social democrats,
I remained silent;
I was not a social democrat.
Then they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
Then they came for the Jews,
I did not speak out;
I was not a Jew.
When they came for me,
there was no one left to speak out for me.

Martin Niemoeller

Thanks RB.
Nice poem to explain the actual situation in Germany during nazi regime. But sad to see some are misusing it.

It is so sad when we were blindly supporting or defending those who ever misusing the power vested on them unethically.

Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
[quote="Redbulls"]
@Whitebull wrote:
@Kithsiri wrote:
@Kithsiri wrote:When the Nazis came for the communists,
I remained silent;
I was not a communist.
Then they locked up the social democrats,
I remained silent;
I was not a social democrat.
Then they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
Then they came for the Jews,
I did not speak out;
I was not a Jew.
When they came for me,
there was no one left to speak out for me.

Martin Niemoeller

Thanks RB.
Nice poem to explain the actual situation in Germany during nazi regime. But sad to see some are misusing it.

It is so sad when we were blindly supporting or defending those who ever misusing the power vested on them unethically.
Nice to see that finally you are talking about yourself Laughing Laughing Laughing

Redbulls

Redbulls
Director - Equity Analytics
Director - Equity Analytics
[quote="Whitebull"]
@Redbulls wrote:
@Whitebull wrote:
@Kithsiri wrote:
@Kithsiri wrote:When the Nazis came for the communists,
I remained silent;
I was not a communist.
Then they locked up the social democrats,
I remained silent;
I was not a social democrat.
Then they came for the trade unionists,
I did not speak out;
I was not a trade unionist.
Then they came for the Jews,
I did not speak out;
I was not a Jew.
When they came for me,
there was no one left to speak out for me.

Martin Niemoeller

Thanks RB.
Nice poem to explain the actual situation in Germany during nazi regime. But sad to see some are misusing it.

It is so sad when we were blindly supporting or defending those who ever misusing the power vested on them unethically.
Nice to see that finally you are talking about yourself Laughing Laughing Laughing

I do not have enough time to waste. Seems to be you are too confused, better to have a good break and use the holiday meaningfully with your loving family. Cheers.

Arena


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
Now this forum also more towards gossips and poor political points are over discussing.

Just understand there are at least two sides for each story. From the inception of the world there were ideas norms and conclusions. Specially in politics.

These are good topics to make this forum active. But not tally with the objective. I accept the transparency of the country will have an impact on the mkt. But it is a vast topic than poor political agendas.

That is why i dont bother to vote any body.Still I am not politically motivated. lol

Chinwi

Chinwi
Associate Director - Equity Analytics
Associate Director - Equity Analytics
@Arena wrote:Now this forum also more towards gossips and poor political points are over discussing.

Just understand there are at least two sides for each story. From the inception of the world there were ideas norms and conclusions. Specially in politics.
.......

Agreed.

This is how I look at it:

පාර්ලිමේන්තුවේ හෝ එහි කමිටුවක ක්‍රියාකාරිත්වයට අදාළ කිසිම කරුණක් අධිකරණය ඉදිරියේ පෙත්සමක්, පැමිණිල්ලක් මගින් විභාග කිරීමට , පරික්ෂා කිරීමට, අභියෝගයට ලක් කිරීමකට කිසි සෙත් ඉඩ දිය යුතු නොවේ .

කිසියම් දිනෙක එසේ සිදුවුවහොත් හෝ ඒ සඳහා ඉඩ දුනහොත්, එය ට අවනත වුවහොත් ලංකාවේ ප්‍රජාතන්ත්‍ර වාදයේ මළගම එදිනම වනු ඇත.

අග විනිසුරු වරිය කමිටුවට එරෙහි නවතම පැමිණිල්ල කලේ ඇයට ඇති විශේෂ නිල බලයක් නිසා නොව රටේ පුර වැසියකු වශයෙනි.
රටේ පුරවැසියකුට එලෙස සාධාරණ අයිතියක් ඇති තර්ක කරන, කියා සිටින අය දැන් දක්නට ලැබේ.

පාර්ලිමේන්තුවේ ක්‍රියාවලියක් ආශ්‍රිතව මෙසේ නඩු දමා අධිකරණ ක්‍රියාවක් දියත් කල හැකිනම් හා එයට කමිටුව අවනත හා අනුගත වුවහොත් එය එතැන් පටන් සිමා වන්නේ ඇයට පමණක් නොවේ. එසේ නඩු දැමිය හැක්කේ ඇයට පමණක් නොව මේ රටේ ඕනෑම පුරවැසියකුට එම අයිතිය හිමිවේ .

මෙසේ වුවහොත පාර්ලිමේන්තුවේ කිසිම කටයුත්තක් කරගෙන යාමට ඉන්පසු නොලැබෙනු ඇත. . විවිධ පාර්ශ්ව වලින් නඩු පොලිම් ගණනින් උසාවි වලට එන අතර මන්ත්‍රීවරුන් උසාවි ගානේ රස්තියාදු වීම විනා රට පාලනය කිරීමක් , නව නීති සම්පාදනයක් හෝ ඔවුන් අතින් නොවනු ඇත.
ඉන්පසු ජනතා පරමාධිපත්‍ය පර්ලිම්න්තුවට නමට පමණක් ලැබෙන අතර රටේ පාලනය උසාවිවල විනිශ්‍යකාර වරුන් අතින් සිදුවනු ඇත.
පකිස්ථානයේ ඇතිවී ඇති තත්වයටත් වඩා ගුජුප්සාජනක මෙන්ම අරාජික තත්වයක් නිර්මාණය වනු ඇත.

එම නිසා පාර්ලිමේන්තුවේ කමිටුවට නොතිසි , සිතාසි හෝ වෙන කුමන කැඳවීම කලත් කිසි සෙත්ම ඒවා සැලකිය යුතු නොවන අතර එයට වලංගු භාවයක් නොදිය යුතුය.

මෙම කරුණ පක්ෂ , වීපක්ශ , සමාජ වාදී , ධන වාදී , ආගම් වාදී , ජාති වාදී ආදී සියලුම මන්ත්‍රීවරුන් මෙන්ම රටේ උන්නතිය හා ස්ථාවර භාවය පතන සියලු දෙනා දැනටමත් අවබෝධ කරගෙන තිබෙන අතර පාර්ලිමේන්තුවේ සියලු දෙන ඒකමතික භාවයෙන් යුතුව සිටින බව දැනගන්නට ලැබීම සතුටට කරුණකි.

Kithsiri

Kithsiri
Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
@Arena wrote: That is why i dont bother to vote any body.Still I am not politically motivated. lol
Often I hear this (silly) statement but whether you like politics or not, it will be having an effect on those who talk & non(sense)-talkers as well.
I rather like to be the former than the latter.
Good Luck and Happy Holidays. Very Happy

sahan8896


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
Soon political issues will vanish from forum and everyone will be busy with market talks. Very Happy

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