Monday, May 7, 2018

The Pot Calling The Kettle Black; An Answer To Sugandika, Nagananda & Ranjan From 90% Of The Lawyers & Judges Of Sri Lanka

logoBy Ashan Nanayakkara –
Ashan Nanayakkara
“What kills a skunk is the publicity it gives itself”
The above great words of Abraham Lincoln are dedicated to those who try to go after bad publicity. This peace of writing is on such personnel.
The recent developments of bombardment against the Justice system of Sri Lanka (one can says that as a part of an Agenda to tarnish the legal system of Island Nation) which brought about quite a dissent over the Judiciary and the Legal Profession, among the society, which has gone out of proportion, as Author believes. Thus, this artifact is an assessment of recent remarks made by Hon. Minister of Ranjan Ramanayake, Deputy Minister of Social Empowerment, Welfare & Kandyan Heritage, Sugandika Fernando, Nagananda Kodithuwakku – Attorneys-at-Law, Facebook and other Social media pundits, etc. which they have claimed to be themselves as whistleblowers stand for the sanctum of Judiciary.
‘One Shot’, Minster – Ranjan Ramanayake punched the first blow targeting the Judiciary and the legal fraternity, condemning that majority of Judges and the Lawyers are corrupted and blemished. The actor-turned politician who is always thrilled by the hoots of Gallery went on to the extent that 90% of Lawyers and Judges are sinful. The said stance was re-iterated and affirmed by one time custom officer and now Attorney-at-Law, Nagananda Kodithuwakku in his extensive Article published in Colombo Telegraph dated 03-09-2017. To wit, that is an article to justify the utterances made by the aforesaid Minister.
Then, couple of weeks ago, the scandalous video of a Lawyer called Sugandhika Fernando came from abroad went viral in social media, making more than 74 000-viewers (there about 2-3 edited versions of the same, the writer only refers to the prime video footage, altogether the number of viewers may be well over 100 000) as at this date. Afortiori, the said speech given by the said Lawyer called Sugandika has been circulating and sharing in the Facebook over thousands of times which cannot be counted. On the other hand, it is evident from the Youtube that the said viral video had been viewed by more people in Sri Lanka beating the number of viewers of Iraj’s song of peeling Banans and feeding drumsticks to a man personates as Victor Rathnayake couple of months ago.
Out of those two, the former video was against one pillar of the Government, as we all call it, the Judiciary which is sine qua nonof present Nation State concept. That could have been the reason that general masses pose an extra penchant over such a video which teases the anarchist mindset hidden in every man. Some nihilists voiced their heart out demanding independence and unchastised Judiciary after seen Sugandhika’s heroic speech. The video became the talking point from bar table of a tavern to Bar table in court house. Some social media champions were opining that such a comment made by a person in the same fraternity would elaborate the lawlessness in this Country. To some, that is where the foreign judges are required to iron out such follies made by our own Lawyers and the Hon. Judges. For some, that reflects the break down of our legal system.
If a judge is lying in the chamber due to a hangover in the office hours and the ‘Mudliyar’ attends there into, if women Lawyers sleep with the Policemen and if each male Lawyer goes with the female spouse of his Divorce case is assumed as true, divulging of such a state of affair by a lady Lawyer, shouldn’t her be considered as a national heroine? Who would undermine such a bold speech which is an act of sheer courage? If I am not a Lawyer, who anticipates nothing but better Sri Lanka, Sugandhika is the Margret Thatcher to me, Nagananda is the Justinian to me, Ranjan Ramanayake is the Abraham Lincoln (or Incredible Hulk) in my world. They are the only hope and only living disciples of fountain of justice, or the ultimate Judiciary!
If what those trio preach is true, are there no good Lawyers and good judges in Sri Lanka?
Being a Lawyer, giving due credit to those 3-self-proclaimed-stoolpigeons, Author sees no wrong in some comments made by Miss Sugandika or Mr. Nangananda in their videos and writings. For instance, touting done by Lawyers, Policemen solicit Lawyers, some outrageous advices sent by the Hon. Attorney General, delay of litigation, ugly treatments upon Junior Lawyers by Seniors, childlike judgments written by the judges etc.
But, I vehemently disagree with the comments made by the above said three, inter alia, all female Lawyers bed with policemen, all judges are wicked and corrupted like ‘Lenin Rathnayake’ who might grant bail for a husband at the ransom of sex bribe by the wife, all male Lawyers are getting cases solicited by OICs and Police Constables, Judges pass their judgments for financial offers, every divorce Lawyer ends up in a hotel room with his female Client, each male Lawyer is a pervert who seduces his Junior female Lawyers who work under, depriving a Client from a Fee Memo is as evil as Genocide, and what not.
Having carefully watched the much scandalous video in Sugandhika by the Author, it is not inaccurate to say that nowhere in the said nearly 1-hour long speech, Miss Sugandhika ventured to state a single virtue of a Lawyer who deserves some merits. That is where Author figures out the Agenda of this female Lawyer. Knowing that the slanders made by her is relevant to 5% or 10% of those who in the legal practice, she was shrewd enough not to say one word to exclude the rest of the innocent 90% or the 95% of Lawyers and or Judges who may have high moral standards. In a nutshell, Lady Sugandika had no intentions to single out one Lawyer in Sri Lanka (may be except Mr. Naganada) who might have some rectitude left. Instead of that she was conscious enough leave no stone unturned to strip off the Lady Justice leaving nothing but a state of despair.
There was an acting Judge she referred to have been struggling from a hangover in the Judge’s Chamber in work hours where the ‘Mudliyar’ is seen attended to put some lime on the head and feet of the said Judge. It is sad that she could not name that Judge (or the Lawyer). She was in the opinion that one Judge named Shivantha Manchnayake had once refused her Application based on want of evidence, thereby, in the next time she humiliated the Judge by asking, “I don’t know your Honour’s SATISFACTORY LEVEL”. This is a disgraceful and despicable aspersion which needs to be atoned. Having done such reprehensible act, she has the audacity to talk big and say that she made the said Judge to step down from the Bench twice. Is that SO valiant effort to placed a judge into such embarrassment in his own Courts? Should the judiciary in the country be laughed at as such? In the said anecdotes, she was trying to illustrate that the said judge was corrupted not to give the judgment in Sugandhika’s favour. But, the law as the Author knows, judges have every right to dismiss cases, if they are not satisfied of the evidence led before them. This is the reason that we have a system called Appeals and the Author is pretty sure that Sugandika must very well aware of thatmodus operandi.
Nevertheless, we see, at the beginning of the practice, some armature junior lawyers take cases personal and fight with the judges thinking that Judge is against them. (Author does not wish to find the correctness of Mr. Shivantha Manchnayake’s Order as the Author is not privy to facts of the case. However, judges are empowered of dismissing cases). In such a backdrop, talking filth in the court house (sexual satisfactory level of the judge is the innuendo), against the presiding Judge, being a lady Lawyer, is appalling.

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