(Lanka-e-News- 13.May.2015, 11.55PM) The obnoxious practice of defeated rejected ex president Mahinda Rajapakse of politicizing the judiciary , and appointment of his political stooges who would give judgments in favor of Mahinda Rajapkse and his family is still devastating the country’s lofty judicial Institutions and traditions in this Democratic republic of Sri Lanka (SL) . The egregious evils of this legacy was clearly demonstrated today by the controversial and reprehensible decision taken by the Supreme court (SC) in regard to the fundamental rights petition filed by Gotabaya Rajapakse.
The SC today conducted itself most derogatorily to forestall the imminent arrest of Gotabaya Rajapakse the ex defense secretary and brother of ex president Mahinda Rajapakse when it took up the fundamental rights (FR) petition filed by Gotabaya Rajapakse .That is, the SC granted leave without any legal foundation or legality for the FR petition to be heard amidst a maelstrom of controversy .
When Buvaneka Aluvihara was the solicitor general in the attorney general’s department before he was appointed to the SC, in the trial in the case against Gen. Fonseka it was Aluvihara who appeared against the general to serve the vindictive goals of Gotabaya, at the latter’s behest. Incidentally , the decision taken today by Aluvihara to withdraw himself from hearing the petition of Gotabaya was to save his skin amidst the grave prejudices against him among the people . By his withdrawal today from the case , he indicated he is no longer prepared to stoop to do the sordid biddings of the villainous brutal Rajapakses who are now a byword for corruption and lawlessness.
The Financial crimes division investigation division (FCID) of the CID was established by the government of good governance based on a policy decision with the sole and whole aim of rescuing the country and the people from the monumental frauds and corruption that raged under the previous Medamulana regime involving colossal misappropriation of public funds and properties, and to enforce the law most expeditiously against the crooks and culprits who under the previous regime enjoyed complete impunity, and therefore unhesitatingly continued with their corrupt and criminal activities without let or hindrance , whereby the country was plunged into economic doom and gloom on a scale never before witnessed in the country ‘s history.
The president Maithripala Sirisena therefore in his election manifesto indicated the indispensable necessity to establish such a crime investigation division , and after his election he created this FCID duly and lawfully in conformity with the powers vested in the IGP. The creation of the FCID was an integral part of the main policies of the government .In the constitution chapter 6, this is incorporated in the main manifesto of the government to be implemented as a fundamental right in section 27 (1) . Moreover therein it is stated , the responsibility when this is being implemented shall be borne by the Parliament ,president and the cabinet in the main
In the circumstances , when the government’s main policies are being implemented , under the constitution neither the SC nor any other can hinder or interfere with that process legally.
When the law is very lucid on this , the SC has given a perverted decision hindering the government’s policy implementation and subverting the goals of the government aimed at the common good of the country- riddance of rogues and traitors . Hence , it is the consensus among all that the interim injunction order barring the arrest of Gotabaya delivered by the SC is to serve the Rajapakse family’s illegal and sordid agendas and objectives.
The best testimony for this is , when the petition was taken up for hearing , the 41 respondents named in the petition were not noticed to be present in court .
Meanwhile the conduct of the SC and its decision that followed have come in for heavy flak of the legal luminaries and senior lawyers. Based on most reliable sources , the AG’s department is making moves to make a special appeal and subject the controversial dubious decision of the SC for a review given the outrageous miscarriage of justice.
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