(Lanka-e-News -22.June.2016, 7.30 PM) Colombo High Court judge Manilal Waidyaratne by granting bail to elephant rogue Thilina Gamage unlawfully has once again insulted the judiciary and confirmed that the judiciary of SL is most unreliable when it comes to dispensing justice and upholding the rules of law despite the fact it is the judiciary of a country that should respect and revere the legal norms and traditions most. That is, as long as judges like Thilna ,Manilal ,Kansihka are (dis)gracing the bench, justice will always be a travesty and a mockery.
On the 2nd of June Gangodawila magistrate Kanishka Wijeratne delivered a most rudely shocking judgment that the elephant calf in the illegal possession of Thilina is not public property. However based on the revised application made by the Attorney General (AG) to the High Court on the 13 th , Thilina the culprit was ordered by High court judge Manilal to be present in court yesterday (21).
Accordingly when Thilina appeared before the high court , the judge decided that the magistrate court verdict given earlier that the elephant calf is not public property , is not in order , and held the elephant calf is indeed public property. Despite this decision , Thilina was granted bail and the high court judge released Thilina on a cash bail of Rs. 1 million and two surety bails of Rs. 2.5 million each. In addition, Thilina was barred from foreign travel , and was also ordered to report to CID every Sunday .
Though bail cannot be granted in a case in which an elephant calf has been held captive , Waidyatileke enlarged Thilina on bail on a most bizarre consideration. Waidyatileke who granted bail disregarding the State counsel representing the AG , said , he is granting bail because Thilina is a former judge , and that he had been of assistance to the CID and the courts…..
It is where Manilal despite being a high court judge erred most grievously and recklessly
The actual position is Thilina had not been of assistance to the CID or the courts. On the contrary he had been a ‘resistance.’ When the CID asked him to arrive and record his statement on three occasions , he evaded citing various reasons and on the fourth occasion he went missing from his house.
Thilina who appeared before the Gangodawila court of his bosom pal arrived at the CID and recorded his statement only after bail was illegally granted to him by his bosom pal . Hence , anyone who is not right in his head only would say Thilina assisted the CID.
Manilal has committed an unpardonable illegality by granting bail to Thilina when he had not made such an application
The revised application for bail that was taken up for hearing yesterday was filed by the AG. Nowhere in the world is there a law which permits the granting of bail to an accused while there is an application made by the AG , for , the AG requests a revision only when the bail granted by the lower court is incorrect.
Therefore Thilina should have made an application for bail. In the circumstances , it is a most perturbing issue to the law abiding people whether Manilal has sought to dispense justice or lethal poison killing justice while being on that hallowed bench.
Unbelievably Thilina the accused and rogue entered the court yesterday through the judges’ entrance which is most deplorable . In other words the judges by permitting this entry have clearly admitted there is no difference between themselves and the accused. Indeed justice is so perverted now , identifying a judge from the accused is extremely difficult.
The verdict of Manilal only conferred one benefit. That is it deprived the elephant rogues of the opportunity they had to escape from the arms of the law citing the grounds that elephant calves are not public property .
No matter what , Manilal Wiadyaratne’s obnoxious decision afore-noted granting bail underlines one fact … In this country two standards are practiced when dispensing justice in respect of the accused who commit abuse of public property. This is a country where each judge delivers verdicts capriciously to serve his/her own injustice and not in the best interests of sacred established justice .
* Judge Thilina Gamage the elephant rogue was granted bail without even taking him into custody.
* Elephant rogue Uduwe Dhammaloka the monk was arrested and remanded . He was granted bail after a day on the ‘special grounds’ that he had to attend a funeral.
* Muzammil was remanded without bail for several weeks.
* Even after the AG has given instructions to arrest four State officers ,these officers are still free without being arrested.
Under these portentous circumstances ,what won’t they do to you and I ?
By simply changing the chief justice , the judiciary that was made corrupt during the whole of the nefarious decade of the Rajapakses cannot be restored to its original state.
( In the photo is Thilina Gamage entering court )
Photo – courtesy Lankadeepa
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by (2016-06-22 14:19:15)
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