Supreme Court of Sri Lanka Dissenting Judgment

Supreme Court of Sri Lanka dissenting Judgment manipulatingly cannibalized to exclude two vital pages pertaining to conduct and actions by President Mahinda Rajapaksa ! After Chief Justice Sarath N. Silva retired on 6.6.2009, former Treasury Secretary, P.B. Jayasundera filed Application on 7.7.2009 through same Counsel, Faisz Musthapha, President’s Counsel, seeking to be relieved from the undertaking given by him to the Supreme Court by Affidavit dated 16.8.2008, that he will not hold any Public Office, directly or indirectly, or purport to do so, in any manner. Thereafter on 21.7.2009 and 31.7.2009 Amended Applications had been filed without having obtained the prior approval of the Supreme Court. The above Application of 31.7.2009 was hastily heard by a 7-Judge Bench of the Supreme Court presided by new Chief Justice J.A.N. de Silva, and comprising Justices Shirani Bandaranayake, Shiranee Tilakawardane, S. Marsoof, D.J.de S. Balapatabendi, K. Sripavan and P.A. Ratnayake, and Order was made on 24.9.2009 stating that whilst refusing the main two reliefs in paragraphs a) and b) of the Petition of former Treasury Secretary, P.B. Jayasundera, that the Court was inclined to grant relief under the incidental Prayer c), by a majority decision, with Justice Shiranee Tilakawardane dissenting. Two complete pages of this sole dissenting Judgment of Justice Shiranee Tilakawardane had been omitted by the manipulation on the computer of the font type and size of the text of the original Judgment. This had been done by changing the font to a ‘larger size’ viz – ‘Century Gothic Font’ of the first 15 pages, the text of the first 15 pages had thus occupied 17 pages, and the 16th and 17th pages of such ‘larger font’ viz – ‘Century Gothic Font’, had been removed. These two pages contained the parts of the dissenting Judgment, which stated that the President of Sri Lanka is also constitutionally bound to perform his duties and functions, only in conformity and in compliance with the Constitution. The first 14 pages of such larger font viz – ‘Century Gothic Font’ had been photocopied on the two sides of 7 sheets, and the 8th sheet contained the photocopy of the 15th page of such ‘larger font’ viz – ‘Century Gothic Font’ on the front side, and on the reverse of the 8th sheet was photocopied the 16th page of the ‘smaller font’ viz – ‘Calibri Font’, bearing the signature of Justice Shiranee Tilakawardane at the end. Google Books – ‘IMF, World Bank & ADB Agenda on Privatisation – Vol. 3: Colombo Port Bunkering Privatisation – Annulled as Illegal & Fraudulent by Supreme Court’ Certified copies of the Original Judgment and cannibalized Judgment and the 2 Pages which had been omitted are given below. Original correct dissenting Judgment of Justice Shiranee Tilakawardane Cannibalized & falsified dissenting Judgment of Justice Shiranee Tilakawardane - suppressing 2 pages (pages 14 & 15) of the original dissenting Judgment Two pages removed / excluded by cannibalization of from the original dissenting Judgment of Justice Shiranee Tilakawardane .

Load more