Sarath N Silva does another One-eighty

Former Chief Justice Sarath Nanda Silva launching a scornful attack on the President Maithripala Sirisena led government, stating that it ‘was illegal from its inception of forming Financial Crime Investigation Division (FCID).’ He emphasized that he is ‘upset over having lit the fire’ by opposing President Rajapaksa’s candidacy.

Mr. Silva, in a speech at the Organization of Professional Associations (OPA) criticized at the government listing three angles in which he believed the government had failed and lost control over.

“I didn’t anticipate Maithripala Sirisena to contest the recently concluded Presidential election. The moment he declared his candidacy I learnt 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 stated.

“The only issue I had with former President Mahinda Rajapaksa was my disagreement to the 18th amendment. I don’t think it is good for a person to contest three-times. That’s the reason I opposed it. I lit this fire by saying that he couldn’t contest a third time, and I repent it,” he stated.

He compared the President Maithripala Sirisena led government to a ‘pickle which is hard to digest.’ “I must be honest, I unwillingly voted for Maithripala Sirisena because I didn’t believe that Mahinda Rajapaksa should have contested thrice. Subsequently I watched the oath giving. The Chief Justice was absent; a tradition that was upheld for a long time was ignored.

That’s the first and foremost thing. And then suddenly Ranil Wickremesinghe takes oaths as Prime Minister of this country. This is whilst a Prime Minister was still in his seat. Is that good governance? This government was illegal since its inception,” he stated.

Mr. Sarath Nanda Silva, making clear his second criticism, stated that the manner in which Mohan Peiris, the then sitting Chief Justice was ousted reduced the judiciary to a ‘comedy institution.’

“I told Mahinda Rajapakse not to appoint him and instead to appoint a career judicial officer. It was Mohan Peiris who gave Mahinda Rajapakse many of the dead ropes. But still he was the sitting Chief Justice. There is a modus operandi through which he could be ousted implicitly mentioned in the Constitution of Sri Lanka. Instead, the President just signed a letter while Mohan Peiris 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 stated.

His third critique was a complete analysis of the Gazette notification under which the Financial Crimes Investigation Division (FCID) was appointed.

Silva said that the law did not recognize “grievous financial crimes”. “It’s grievous bodily harm. This document is a joke, and its Ranil Wickramasingha’s work. None of the so-called crimes specified in the gazette are recognized by the penal code of this country. They have also been mandated to probe large scale projects, how the Police can do those?” he questioned.

He stated that one of the main areas of concern was the limitizing of freedom by the present government. “Article 13(1) of the Constitution stated 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 pointed out.

Whilst constantly attacking Premier Wickramasingha, Nanda Silva stated that the very fact that the Magistrate’s Court‘ was kept open till nine in the night, was evidence of retaliation’.

“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 his 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 realized his faults.