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FINANCIAL CHRONICLE™ » DAILY CHRONICLE™ » Mohan Peiris sworn in as new chief justice

Mohan Peiris sworn in as new chief justice

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Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
I do not know why some people can not understand the simple english written in the Constitution.I have mentioned almost all the relavant articles from the Constitution in another thread. An average intelligent person can understand whether this committee is legal or not.
Everyone knows government want to remove CJ. Otherwise why the hell they brought an impeachment ? So what we need to look in to this is whether government has followed the proper procedure mentioned in the Constitution.The procedure is clearly mentioned in the Constitution and imo government has followed that procedure without any failure.
Problem is these hypocrites cry for small matters in government but do not say anything about unethical actions taken by her.Even a little kid can understand her actions are simillar to the actions taken by a corrupted power hungry politician.Problem is we can not talk about any influence to the court as it may give rise to contempt to court.Anyway anyone can understand that government has not unethically intervened the Supreme Court or Appeal Court on this matter.
Almost all the organizations appeared in favour of her are NGOs.So there is definite NGO involvement on this matter.We all know how some NGOs acted during war era tearing our countries image.Even now they have not given up their plans.If anyone can not understand this bit I have to tell either you do not know anything about these things or you are a hypocrite.

My support to this government does not mean that I approve their all the actions.But when it comes to the matter of national security or unitaryness of this country government still act in patriotic manner.Till they act in this way yes I will support them with criticisms.I am not ashamed to say that.But most so called independent critizers should be ashamed of themselves as even though they claim they are independent they are actually not independent.

Kithsiri


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
My understanding was that the counts that she was finally charged could have been easily dealt with the normal court proceedings and if she was found guilty by the court, then the government can either forces her to go either way.

The question here is why the Impeachment was chosen instead.

They Govt knew well that such charges will not stand good in any court (unless they have a quickly assembled Kangaroo court like the court marshalling of General Sarath Foneka) and also want to see the back of her for some obvious reasons.

The Court has already given a ruling of the unconstitutionality of the Select Committee and therefore whatever the decisions taken by that too are considered unconstitutional.

UKboy


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
Government 100% correctly followed the constitution to get rid of former CJ. That's not the point we all are making.

But what matter most is why government did want to get rid of her? Was it only because of her unethical behaviour? Or was it because of the drama behind Divinaguma? If she had said Yes to divinaguma, things would have been so different.

If someone can investigates what happened to Tsunami funds then surely former CJ’s (so called unethical) actions were just peanuts.

kas


Manager - Equity Analytics
Manager - Equity Analytics
Impeachment will impact on foreign investment-US
Tuesday, 15 January 2013 13:41

Reiterating its concern on the impeachment of Chief Justice Shirani Bandaranayake, the United States yesterday said any action that undermines an independent judiciary would impact on Sri Lanka’s ability to attract foreign investment.’

Addressing the media, during the State Department’s daily news Briefing in Washington, spokesperson Victoria Nuland said, “Well, we are deeply concerned about the impeachment of Sri Lankan Chief Justice Shirani Bandaranayake. The impeachment proceedings against her were conducted, as you know, in defiance of the Supreme Court order. And from our perspective, this impeachment raises serious questions about the separation of powers in Sri Lanka, which is a fundamental tenet of a healthy democracy. Throughout these proceedings, we’ve repeatedly conveyed to the Government of Sri Lanka our concern that there was a lack of due process, and we’ve also made very clear our view that actions undermining an independent judiciary would impact on Sri Lanka’s ability to attract foreign investment.”

She also said the United Kingdom, Canada, the European Union, and the United Nations have all issued statements expressing strong concerns about this process.

“We think that there are serious questions about the health and future of Sri Lanka’s democracy and that they really need to roll up their sleeves and work on it,” Ms. Nuland added.

http://www.dailymirror.lk/news/25005-impeachment-will-impact-on-foreign-investment-us.html

This is what they are planning for.

I'm 100% sure former CJ knew the consequences of this impeachment, she knew the law very well and she knew government was having 2/3 of majority in the parliament. She could have shown her protest to this motion in a much professional way like all the past CJs who faced such issues in SL. However ppl around her made this a big drama to gain international attention to chase the government,with her consent.අපි උසාවිය ළඟ horn එක ගැහුවත් අපිට දඩ , එයාල එක ඇතුලේ පොල් ගැහුවත් මොකුත් නැ. In countries like ours governments are corrupted/inefficient by default, so we could not expect 100% impartiality even in dreams.

As I read from news articles on this matter sections/procedures related to her impeachment is a carbon copy of US Constitution,but US is saying this violates fundamental rights Very Happy . Even UK follows the same process for supreme court judges, In US this impeachment process have been practiced for more around 200 years with amendments. I certainly feel that we need sm changes to this process,but a court could not insist a government to introduce new laws to this process when an impeachment is going on. They can only give an opinion in this matter they also have to follow the law given in the constitution.



Last edited by kas on Tue Jan 15, 2013 11:15 pm; edited 1 time in total (Reason for editing : grammer)

kas


Manager - Equity Analytics
Manager - Equity Analytics
@Kithsiri wrote:My understanding was that the counts that she was finally charged could have been easily dealt with the normal court proceedings and if she was found guilty by the court, then the government can either forces her to go either way.

The question here is why the Impeachment was chosen instead.


My friend how could the courts hear a case against CJ in an impartial manner when, when their boss (CJ) is in control of all the courts. Pls forget Mrs.Bandaranayake and MR from this issue and think in a logical manner. CJ has ultimate powers to control judges, So can we expect an impartial hearing form them in such a situation. That's why those rights to take such actions are given to the Parliament which is not related to courts. How they use those is a different matter.

Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
@UKboy wrote:But what matter most is why government did want to get rid of her? Was it only because of her unethical behaviour? Or was it because of the drama behind Divinaguma? If she had said Yes to divinaguma, things would have been so different.
I do not know whether her dicision on divinaguma is constitutional or not.But we all know this provincial councils are white elephant which was forcibly put on us by former Indian Prime-minister.There is no point of giving further strength to provincial council on any matter.

@UKboy wrote:If someone can investigates what happened to Tsunami funds then surely former CJ’s (so called unethical) actions were just peanuts.
On the otherhand තමන්ගේ කිල්ලෝටයෙත් හුණු ඩිංගක් හරි තියෙන විත්තිය දන්නවනම් that person should know how to act if that person wants to keep her states.(Anyone can not say my peanut is smaller than ur any other nut so that I should not be punished before you.) Wink

@UKboy wrote:Government 100% correctly followed the constitution to get rid of former CJ. That's not the point we all are making.
I do not know what you have meant by the word WE as almost all the supporters of her cry about procedure but not about the accusations.

Kithsiri

Kithsiri
Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
@kas wrote: CJ has ultimate powers to control judges
Can you enlighten us all about this Please?

Also don't you see where the ultimate power is here and majority of the members of the select committee members were "Boot licker" of the ultimate power.

The power wants to see her back for obvious reasons.

Can we expect a fair decision from them either then?

UKboy

UKboy
Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
@Whitebull wrote:
@UKboy wrote:If someone can investigates what happened to Tsunami funds then surely former CJ’s (so called unethical) actions were just peanuts.
On the otherhand තමන්ගේ කිල්ලෝටයෙත් හුණු ඩිංගක් හරි තියෙන විත්තිය දන්නවනම් that person should know how to act if that person wants to keep her states.(Anyone can not say my peanut is smaller than ur any other nut so that I should not be punished before you.) Wink
Then the majority of the MPs should be punished n send home? Do you still think because of her accusations, this government decided to get rid of her? Hell noooo.
I would be an extremely proud Sri Lankan if it really happened in that way.
@Whitebull wrote:
@UKboy wrote:Government 100% correctly followed the constitution to get rid of former CJ. That's not the point we all are making.
I do not know what you have meant by the word WE as almost all the supporters of her cry about procedure but not about the accusations.
As you recognise many supporter of her believe that the government breeched the rules in the constitution to remove her but I don’t think so.
Sadly some critics of her strongly believe that because of her accusations, she was impeached.

Of course this government did liberate the country but just sake of that I’m not too sure we have to say Yes to things like this impeachment as well as expropriation law.

D.G.Dayaratne


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
I do not know why some people can not understand the simple English written in the Constitution.I have mentioned almost all the relevant articles from the Constitution in another thread. An average intelligent person can understand whether this committee is legal or not.( WHITEBULL}

Interpretation of constitution and various Act of parliament is an accepted practice in any democratic System.If is not a problem of English or any other Language

How Mr Sarath Siva interpret written Law and gave judgement in various
instances I think written law is very clear about MPP who act against
party detectives.Bur Mr Sarath Silva has given different interpretation andAll accepted

Anyway our friend has selected suitable name to identify himself !

nimantha80


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
@D.G.Dayaratne wrote:I do not know why some people can not understand the simple English written in the Constitution.I have mentioned almost all the relevant articles from the Constitution in another thread. An average intelligent person can understand whether this committee is legal or not.( WHITEBULL}

Interpretation of constitution and various Act of parliament is an accepted practice in any democratic System.If is not a problem of English or any other Language

How Mr Sarath Siva interpret written Law and gave judgement in various
instances I think written law is very clear about MPP who act against
party detectives.Bur Mr Sarath Silva has given different interpretation andAll accepted

Anyway our friend has selected suitable name to identify himself !

Save your words friend.Useless arguing with these " bath kana harak". What this guy do here is " denawa nokiya dena eka".

Malika1990

Malika1990
Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
@nimantha80 wrote:
@D.G.Dayaratne wrote:I do not know why some people can not understand the simple English written in the Constitution.I have mentioned almost all the relevant articles from the Constitution in another thread. An average intelligent person can understand whether this committee is legal or not.( WHITEBULL}

Interpretation of constitution and various Act of parliament is an accepted practice in any democratic System.If is not a problem of English or any other Language

How Mr Sarath Siva interpret written Law and gave judgement in various
instances I think written law is very clear about MPP who act against
party detectives.Bur Mr Sarath Silva has given different interpretation andAll accepted

Anyway our friend has selected suitable name to identify himself !

Save your words friend.Useless arguing with these " bath kana harak". What this guy do here is " denawa nokiya dena eka".
Very Happy
Who is the බත් කන හරක් ? Time will prove it in future. This committee seems to be legal according to our constitution but way of removing former CJ was not ethical and all people know what was the immediate reason for this impeachment. If the government has fair and square objective to clean our country from bribery and corruptions it should start from Parliament.



Last edited by Malika1990 on Wed Jan 16, 2013 7:32 pm; edited 1 time in total

Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
@nimantha80 wrote:
@D.G.Dayaratne wrote:I do not know why some people can not understand the simple English written in the Constitution.I have mentioned almost all the relevant articles from the Constitution in another thread. An average intelligent person can understand whether this committee is legal or not.( WHITEBULL}

Interpretation of constitution and various Act of parliament is an accepted practice in any democratic System.If is not a problem of English or any other Language

How Mr Sarath Siva interpret written Law and gave judgement in various
instances I think written law is very clear about MPP who act against
party detectives.Bur Mr Sarath Silva has given different interpretation andAll accepted

Anyway our friend has selected suitable name to identify himself !

Save your words friend.Useless arguing with these " bath kana harak". What this guy do here is " denawa nokiya dena eka".
Ayi Malli ochchara kipenne....mama oyaata monawath kiyuwe nahane.....onna oyaa oyage wasikiliyeyi public forum ekakayi wenasa dannei naha kiyalaawath mama kiyuwanam ohoma kipena eka tikak hari saadaaranai...eth mama ehema kiyuweth nahanei....eka hinda dhanwath wadhagath widiyata liyanna kiyanna purudhu wennako....
ඇයි මල්ලි ඔච්චර කිපෙන්නේ......මම ඔයාට මොනවත් කියුවේ නැහැ නේ.....ඔන්න ඔයා ඔයාගේ වැසිකිලියෙයි, public forum එකකයි වෙනස දන්නේ නැහැ කියලවත් මම කියුවනම් ඔහොම කිපෙන එක ටිකක්වත් සාධාරණයි.....ඒත් මම එහෙම කියුවෙත් නැහැනේ....ඒක හින්දා දැන්වත් වැදගත් විදියට ලියන්න කියන්න පුරුදු වෙන්නකො.....

Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
@UKboy wrote:Then the majority of the MPs should be punished n send home? Do you still think because of her accusations, this government decided to get rid of her? Hell noooo.
No UKboy....I do not think that she was sacked because of her accusations because then she should have been sacked long before but the irony is people who asked to sack her then, now crying not to sack her.Anyway I personally beleave that atleast some of the accusations are pretty straight forward like Golden Key accusation, her husbands involvement in that controversial deal.
I am also 100% sure most of the MPs carry more serious accusations than her.But it does not justify her accusations.And also we all know most of the politicians are realy corrupted and we also do not expect much from them.But Person who is at the top chair of the Judicial System should not be a corrupted egostic person and people expect better character from such a person.Otherwise people would loose the faith on entire Judiciary System.And to worsen the matter Politicians are judged by the public every six yearly or less.(It is another question whether public use that oppurtunity in wise manner or not.) And regarding Judges we do not get such an oppurtunity not even to Judge but even to constructively critisize their decision as it might lead to contempt to the court.
And also althought the decision given to divinaguma may be the immediate cause for the impeachment there had been growing tention among CJ and the government.First the Z-Score problem,then she refused the President's request to make an speech on budget,then comes the divinaguma bill and her decision on that bill gave unnecessary strength to a white elephant-the provincial council.And do you expect any prudent government to keep person who goes againts the government egosticly at the top chair of the Judiciary System and there should not be such a growing tention among these three bodies,the executive,the parliament and the judiciary as ultimately it would badly affect the countries development.
And to worsen the matter, with introduction of the impeachment she reacted like කැත්තට පොල්ල and all the sinister forces against our country made good alliance with her as a result of which this turned out be a battle between patriotic Sri Lankans and sinister forces againt our country without giving much options to choose in between.So that when the matter came to such a level the government had no option expect to proceed with the impeachment.

@UKboy wrote:I would be an extremely proud Sri Lankan if it really happened in that way.
My friend if you wait that to happen to be a proud Sri Lankan I do not think you might get a chance in this life time Wink

@UKboy wrote:Of course this government did liberate the country but just sake of that I’m not too sure we have to say Yes to things like this impeachment as well as expropriation law.
Yes friend we should not say Yes to everything eventhough this government did liberate country.But let me explain this matter furthur,
Let's say that this government is not act prudently now.Then what option do we have ?
1.Sack this government and make a new government.
2.Try to correct this government with constructive criticism.
3.Make alliance with the government and make personal benefits without thinking about the country.:-
Eventhough I mentioned as an option I do not discuss this as an option but if truly speaking that is what the most doing.
If we select the first option we should have a better option.Do we have a better option ? According to the most of the public as well as me we do not have a better option.Therefore only option we left with is option No.2.So we should constructively critisize the government but when it comes to the critical matter like this impeachment we should try to protect this government.It might lead to mudslings and insulting towards us but if our intention is good there is no need to think about it much.


kas

kas
Manager - Equity Analytics
Manager - Equity Analytics
@Kithsiri wrote:
@kas wrote: CJ has ultimate powers to control judges
Can you enlighten us all about this Please?

Also don't you see where the ultimate power is here and majority of the members of the select committee members were "Boot licker" of the ultimate power.

The power wants to see her back for obvious reasons.

Can we expect a fair decision from them either then?

Sorry for the late reply friend, first of all I will say that I'm not an expert on legal sector,I form my opinion based on the newspaper articles and materials freely available on Internet.


Sri Lankan Judicial System is mainly controlled by three parties.

1.President of the country- Has the power to appoint, remove CJ & other Judges. However to remove the CJ or a Supreme court judge HE needs to go through the impeachment process,but for high court judges this can be done with the recommendation of Judiciary Service Commission.

2.Parliament- Place where laws are created, also has the power to processes impeachments against CJ & supreme court judges.

3.Judiciary Service Commission - A commission where CJ is the chairperson which has the power to execute the following

Powers of the Commission

111H. (1) The Judicial Service Commission is hereby vested with the power to -

(a) Transfer judges of the High court:

(b) appoint, promote, transfer, exercise disciplinary control and dismiss
judicial officers and scheduled public officers.

(2) The Commission may make-

(a) rules regarding training of judges of the High Court, the schemes for
recruitment and training, appointment, promotion and transfer of judicial
offices and scheduled public officers;

(b) provision for such matters as are necessary of expedient for the exercise,
performance and discharge of the powers, duties and functions of the
commission.

(3) The Chairman of the Commission or any Judge of the Supreme Court or Judge
of the Court of Appeal as the case may be, authorized by the Commission shall have power
and authority to inspect any Court of First Instance, or the records, registers and other
documents maintained in such Court, or hold such inquiry as may be necessary
.

(4) The Commission may by Order published in the Gazette delegate to the
Secretary to the Commission the power to make transfers in respect of scheduled public
officers, other than transfers involving increase of salary, or to make acting appointments in
such cases and subject to such limitations as may be specified in the Order.[/justify]

http://www.jsc.gov.lk/pdf/Constitution_JCSC.pdf
http://www.priu.gov.lk/Cons/1978Constitution/Chapter_15_Amd.html


@Kithsiri wrote: Can we expect a fair decision from them either then?

Answer is we cant, that's why i told in my comment governments are corrupted by default in countries like ours. However the judiciary system was able to keep their value and status until this incident happened, but due to this incident they have also fallen in to the level of politicians which is bad to the country that's the most worrying part for me.

One more thing, constitution is like a vehicle where HE,MPs, and the Judiciary can drive towards the betterment or for the destruction of the country, impeachment process is a fine vehicle in our constitutions as per my opinion, no need for big changes only problem is with the drivers of the vehicle (HE,MPs, and the Judiciary). Ultimately we, the mass majority are the "බත් කන හරක් " who selects the crazy drivers from time to time Laughing


D.G.Dayaratne


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
"You’ve probably seen the headlines expressing our Government’s concern over the impeachment of Chief Justice Shirani Bandaranayake. Actions that undermine an independent judiciary in Sri Lanka may also undermine Sri Lanka’s ability to attract foreign investment. It’s no secret that foreign investors assess the state of rule of law in a country as a factor when making investment decisions. "
Speech made American Ambassadress at Matara

smallville

smallville
Associate Director - Equity Analytics
Associate Director - Equity Analytics
@UKboy wrote:Government 100% correctly followed the constitution to get rid of former CJ. That's not the point we all are making.

But what matter most is why government did want to get rid of her? Was it only because of her unethical behaviour? Or was it because of the drama behind Divinaguma? If she had said Yes to divinaguma, things would have been so different.

If someone can investigates what happened to Tsunami funds then surely former CJ’s (so called unethical) actions were just peanuts.
U received a good comment for the latter part I believe Wink

Well apparently the crimes committed at a higher magnitude which is a concern to the common person doesn't matter but what matters most to the govt gets prominent attention in SL. Ppl say govt. followed the correct procedure but then Judiciary pros say the felonies are false accusations..

To me, this verdict has the same impact as what happened to S.F. The only difference is, CJ is home today but S.F was imprisoned. And I do not understand whether a fair chance was given to the accused.

Oh yeah.. majority in the parliament are corrupted so we cant expect anything from them despite the parliament said to be ahead of judiciary system in SL but the head of the judiciary system should always come clean...

Hmmm.. I must learn to think like a pro patriot. Wink

Redbulls

Redbulls
Director - Equity Analytics
Director - Equity Analytics
@smallville wrote:
@UKboy wrote:Government 100% correctly followed the constitution to get rid of former CJ. That's not the point we all are making.

But what matter most is why government did want to get rid of her? Was it only because of her unethical behaviour? Or was it because of the drama behind Divinaguma? If she had said Yes to divinaguma, things would have been so different.

If someone can investigates what happened to Tsunami funds then surely former CJ’s (so called unethical) actions were just peanuts.
U received a good comment for the latter part I believe Wink

Well apparently the crimes committed at a higher magnitude which is a concern to the common person doesn't matter but what matters most to the govt gets prominent attention in SL. Ppl say govt. followed the correct procedure but then Judiciary pros say the felonies are false accusations..

To me, this verdict has the same impact as what happened to S.F. The only difference is, CJ is home today but S.F was imprisoned. And I do not understand whether a fair chance was given to the accused.

Oh yeah.. majority in the parliament are corrupted so we cant expect anything from them despite the parliament said to be ahead of judiciary system in SL but the head of the judiciary system should always come clean...

Hmmm.. I must learn to think like a pro patriot. Wink

I do not think so.
Most of us thinking inside the box even in trading also.
Come out of the box and have a broader view.

smallville

smallville
Associate Director - Equity Analytics
Associate Director - Equity Analytics
@Redbulls wrote:
@smallville wrote:
@UKboy wrote:Government 100% correctly followed the constitution to get rid of former CJ. That's not the point we all are making.

But what matter most is why government did want to get rid of her? Was it only because of her unethical behaviour? Or was it because of the drama behind Divinaguma? If she had said Yes to divinaguma, things would have been so different.

If someone can investigates what happened to Tsunami funds then surely former CJ’s (so called unethical) actions were just peanuts.
U received a good comment for the latter part I believe Wink

Well apparently the crimes committed at a higher magnitude which is a concern to the common person doesn't matter but what matters most to the govt gets prominent attention in SL. Ppl say govt. followed the correct procedure but then Judiciary pros say the felonies are false accusations..

To me, this verdict has the same impact as what happened to S.F. The only difference is, CJ is home today but S.F was imprisoned. And I do not understand whether a fair chance was given to the accused.

Oh yeah.. majority in the parliament are corrupted so we cant expect anything from them despite the parliament said to be ahead of judiciary system in SL but the head of the judiciary system should always come clean...

Hmmm.. I must learn to think like a pro patriot. Wink

I do not think so.
Most of us thinking inside the box even in trading also.
Come out of the box and have a broader view.

Take the last part as Irony Twisted Evil

Whitebull


Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
@Redbulls wrote:
@smallville wrote:
@UKboy wrote:Government 100% correctly followed the constitution to get rid of former CJ. That's not the point we all are making.

But what matter most is why government did want to get rid of her? Was it only because of her unethical behaviour? Or was it because of the drama behind Divinaguma? If she had said Yes to divinaguma, things would have been so different.

If someone can investigates what happened to Tsunami funds then surely former CJ’s (so called unethical) actions were just peanuts.
U received a good comment for the latter part I believe Wink

Well apparently the crimes committed at a higher magnitude which is a concern to the common person doesn't matter but what matters most to the govt gets prominent attention in SL. Ppl say govt. followed the correct procedure but then Judiciary pros say the felonies are false accusations..

To me, this verdict has the same impact as what happened to S.F. The only difference is, CJ is home today but S.F was imprisoned. And I do not understand whether a fair chance was given to the accused.

Oh yeah.. majority in the parliament are corrupted so we cant expect anything from them despite the parliament said to be ahead of judiciary system in SL but the head of the judiciary system should always come clean...

Hmmm.. I must learn to think like a pro patriot. Wink

I do not think so.
Most of us thinking inside the box even in trading also.
Come out of the box and have a broader view.
What would be the broader view ?

smallville

smallville
Associate Director - Equity Analytics
Associate Director - Equity Analytics
Mad Mad Mad Mad Mad

D.G.Dayaratne


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
Broder view means Sad

bullrun

bullrun
Assistant Vice President - Equity Analytics
Assistant Vice President - Equity Analytics
@D.G.Dayaratne wrote:Broder view means Sad

Remove your own glasses is the meaning.

D.G.Dayaratne


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
Sad Sad Sad

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