AJITH SIRIWARDANA 
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Video: Sarath Silva does another U-turn
Former Chief Justice Sarath Silva launching a scathing attack on the present government, saying that it ‘was illegal from its inception.’ He said that he ‘regrets having lit the fire’ by opposing President Rajapaksa’s candidacy.
Silva, in a speech at the Organisation of Professional Associations lashed out at the government listing three aspects in which he believed the government had failed.
“I didn’t expect Maithripala Sirisena to contest the last election. The moment he announced his candidacy I knew this wasn’t moving in the right direction. They sent me a list of meetings at which I was to speak. I put the list into the dustbin,” he said.
This is in sharp contrast to statements given to the media, including Daily Mirror, in which he unreservedly supported the candidacy of Sirisena.
“The only issue I had with President Mahinda Rajapaksa was my opposition to the 18th amendment. I don’t think it is good for a person to contest thrice. That’s why I opposed it. I lit this fire by saying that he couldn’t contest a third time, and I regret it,” he said.
He likened the presnt government to a ‘pickle which is hard to digest.’ “I must be honest, I reluctantly voted for Maithripala because I didn’t believe that Rajapaksa should have contested thrice. Thereafter I watched the swearing in. The Chief Justice wasn’t present, a tradition that was upheld for a long time.
That’s the first thing. And then suddenly Ranil Wickremesinghe takes oaths as Prime Minister. This is whilst a Prime Minister was still in his seat. Is that good governance? This government was illegal since its inception,” he said.
Silva, detailing his second criticism, said that the manner in which Mohan Peiris, the then sitting Chief Justice was removed reduced the judiciary to a ‘comedy.’
“I told Mahinda not to appoint him and instead to appoint a career judicial officer. It was Mohan who gave Mahinda many of the dead ropes. But still he was the sitting Chief Justice. There is a process through which he could be removed specified in the Constitution. Instead, the President just signed a letter while Mohan was outstation and then the previous one was brought in. Then she also resigned. It’s a comedy really. Anyone reading history in a few years time will actually wonder if this was some street show,” he said.
His third criticism, which he dealt with at length, was a complete analysis of the Gazette notification under which the Financial Crimes Investigation Division was appointed.
Pointing out basic spelling errors prior to embarking on his analysis, Silva said that the law did not recognise “grievous financial crimes”. “It’s grievous bodily harm. This document is a joke, and it’s Ranil Wickremesinghe’s doing. None of the so-called crimes specified in the gazette are recognised by the penal code. They have also been mandated to investigate large scale projects, how can the Police do that?” he asked.
He said that one of the main areas of concern was the limiting of freedom by the present government. “Article 13(1) of the Constitution says that you can’t arrest a person unless it’s in a manner prescribed by law. The manner prescribed by law is found in the Criminal Procedure Code. But none of what they are doing is prescribed in the code,” he said.
Whilst continuously attacking Wickremesinghe, Silva said that the very fact that the Magistrate’s Court‘ was kept open till nine in the night, was evidence of vengeance’.
“This is not good governance. This is vengeance. In which country are magistrates’ courts opened at nine o’clock in the night? Is this the good governance that they spoke about?” he asked.
He said that the country was going down a ‘dangerous path’, and that he had ‘never experienced a pickle like this in the entirety of my life’.
“If I was a judge I would have called the IGP and arrested the IGP. Remanding or arresting a person is not a joke. You have to be very careful when making that decision; this is something that I always told judges when I was on the bench,” he said.
He further said that the fact that President Rajapaksa had left Temple Trees as soon as his defeat was announced was evidence that he had realised his faults.
“We have to respect the man for that. There was no conspiracy because if there was the CCTV cameras would have shown. None of that happened -- and it’s a lie. He left Temple Trees in a dignified manner; and for that we should respect him. He is a man we can mould -- unlike Wickremesinghe,” he said.
He further said, “Colombo and the urban middle class will accuse me of everything. That is because they don’t question and instead believe everything Ranil Wickremesinghe and the rest tell them. For those in Colombo and the urban middle class everything they do is right,” he said. (Indika Sri Aravinda and Hafeel Farisz)
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