9 SC Judges Headed By Shiranee T To Sit Tomorrow For Impeachment Related Cases
By Colombo Telegraph -
The cases relating to the impeachment process against Chief Justice Dr. Shirani Bandaranayake carried out by the Rajapaksa regime controlled Parliament are due to be taken up at 9:30am in the Supreme Court (Court Room No. 502), tomorrow, 05.03.2013.
Shirani B 1 Colombo Telegraph
CJ Shirani
The case numbers are:- Fundamental Rights cases SC(FR) 665/2012, 666/2012, 667/2012, 672/2012 & 23/2013 and Appeal case No. SC (Special) LA 23/2013.
SC (Special) LA 23/2013 is an appeal from CA (Writ) 411/2012 that was filed by Bandaranayake in which the Appeal Court quashed the purported findings of the Parliamentary Select Committee which had been arrived at without passing laws to ensure an honest, fair inquiry for a valid finding to be arrived at which alone could be the basis for a valid impeachment. This was in line with the Supreme Court interpreting the Constitution to require such laws as a prerequisite for impeachment of any judge of the Supreme Court or Appeal Court due to the need to preserve judicial independence.
Several fundamental rights cases ask the court to quash Standing Order 78A, which after those cases were filed have been declared to be invalid in terms of the Constitution, while one case – SC (FR) 23/2013 seeks to prevent Mohan Pieris (PC) from exercising the powers and functions of the office of the Chief Justice, given that Dr. Shirani Bandaranayake has not been validly removed from office, though she has been forcibly excluded from attending work and functioning as Chief Justice.
According to the Supreme Court List of Cases issued to lawyers, the Bench is to consist of the following judges of the Supreme Court:
Justice Shiranee Tilakawardane
Justice N. G. Amaratunga
Justice Saleem Marsoof (PC)
Justice K. Sripavan
Justice P. A. Ratnayake
Justice Chandra Ekanayake
Justice Sathya Hettige
Justice Priyasath Dep (PC)
Justice S. Eva Wanasundera (PC)
The above judges are all those presently functioning as judges of the Supreme Court, except for de facto Chief Justice Mohan Pieris (PC). Dr. Shirani Bandaranayake remains ousted from her official Chief Justice’s Chambers, from which Pieris now functions.
Justice Shiranee Tilakawardane who is scheduled to head the bench is the only witness to have given evidence before the controversial Parliamentary Select Committee against Dr. Bandaranayake without the knowledge or participation of Bandaranayake or her lawyers. They complained of this fact publicly and in court proceedings. Therefore, according to legal experts contacted by The Colombo Telegraph, it would not be proper for Justice Tilakawardane to sit on the bench for these cases, in keeping with the Rules of Natural Justice.
The Colombo Telegraph in an earlier report, disclosed that various Supreme Court judges were being approached to either overrule the earlier Supreme Court ruling or at least excuse themselves from hearing the case citing ‘personal reasons’. Sources now confirm that judges who held the impeachment process unconstitutional have been told in various ways that this is their chance to avoid ‘consequences’ of past independence.
Grave concern at the removal of judicial independence in Sri Lanka has been expressed by the Bar Association of Sri Lanka, the Opposition, civil society groups and the international community including the United Nations, Commonwealth, International Commission of Jurists, United States, Canada and the United Kingdom.
Now we will be able to judge the state of our judiciary post impeachment. Will the they stick to the principles of justice or bow before the power of the executive. Human beings are weak by nature but those who can rise above their personal goals to protect the cause of truth and justice are like the gods.
Safa - March 4, 2013
12:30 pm
I do not see M. I. Imam J in the pannel. Where is he?
gamini - March 5, 2013
11:14 am
I hope that justice will prevail and guide the deliberations of this court.
justice - March 4, 2013
2:25 pm
It appears that we have a Cheap Justice in Sri Lanka who replaced the Chief Justice and now it appears that we have a Cheaper Justice who is going to be the head of this bench. Educated Sri Lankans who do not have self dignity acting in such manner shows how low the Sri Lankan judiciary has become. We have had in the past senior members of the Judiciary and Legal Profession writing constitutions for various countries, this was at a time there was Justice in the Sri Lankan Justice system. With the impeachment of the Chief Justice and the Cheaper Justice giving evidence against the ruling of the courts has made sure that no other international body or country will invite another Sri Lankan to assist them.
Park - March 4, 2013
2:26 pm
Nobody was worried when the Highest court was insensitive to the Issues of Tamils. When th ePrivy council held that Koodiswaran right was violated the Old Left got rid of the Privy Council itslef knowing well how the Cheap Justice of The Sri Lanka Systemw will be insentive to the rights of the Tamils. Then everybody kept quiet. Even this great lady the impeached Chief Justice for sake of her husband’s position went along with 18th Amendment. Now why cry foul. Rot started long ago aginst the Tamils
Raja - March 4, 2013
4:12 pm
Birth… is an expectancy
Death… is a certainity
in between GREED misdirects us in the fields of seeking wealth,fame,prosperity in the many needs of life.
The future of the land and peoples are at the hands of Justice.
May the almighty prevail above us all. AMEN
mohamed fazly ilyas - March 4, 2013
5:21 pm
Mohamed, your Almighty is no exception to these scoundrels as they happily carry on with their own style. They even market themselves through the Almighty’s channel.
gamini - March 5, 2013
11:12 am
Is Justice Shirani Thilakawardena not aware of the principles of Natural Justice? On what ground can she sit and hear this case, when she has given evidence before the PSC, especially after the former CJ Dr.Shiranee Bandaranayake and her team of Counsels had left? Is Justice Shiranee Thilakawardena not aware that Wimal Weerawansa, Dillion Perera and a host of others used abusive languages on the former CJ and that the entire proceedings was sham to hoodwink the world? Travesity of justice.
Citizen - March 4, 2013
10:22 pm
I challenge any Rajapakse Goon to dis-prove the following I have written.
Rajapakse family Conglomerate after acquiring several hi-end properties, businesses, hotels, stockt market shares, bought through various commissions, trade deals, black money etc….were eying to acquire Golden Key and Cylinco properties after fradulently collapsing Golden Key empire.
Here’s some of the deals that Rajapakse family Conglomerate made their money.
Mahinda Rajapakse Hambanthota port 360 Million US Dollars. US$550 million for Hambanthota stage Two Port expansion. Also 15.9 Billion Rupees spent to blast ocean rock in Hambanthota harbour.
http://www.thesundayleader.lk/2011/04/15/h%E2%80%99tota-port-%E2%80%93-an-additional-rs-15-9-billion-fiasco/
According to Sunday Leader, Total Hambanthota Harbour Project going to cost a staggering US $ 1,408 Million Dollars.
(However, due to the aforesaid escalating costs, the original capital costs of both phase one and two of the project originally estimated at US$ 1,260 million; will now go up by 11.7% (US$ 148 million) to US$ 1,408 million.)
Mattala Airport 210 Million US Dollars.
2017 Youth Games 15 Billion Rupees.
Hedging deal Robbed and wasted amount Rs. 230,000 M 230 B.
Air Lanka Wasted and robbed amount Rs. 10,000 M 10 B.
Mihin Air Wasted and robbed amount Rs. 5,000 M 5 B.
Mig Deal Robbed amount Rs 4,00M 0.4 B
Weerawila Air Port Wasted amount Rs 500M 0.5 B
VAT Scam Robbed amount Rs. 35,000 M 35 B
Safari Park Wasted amount Rs. 16,000 M 16 B
Kerawalapitiya Robbed amount Rs. 23,000 M 23 B
Uma Oya project Robbed amount Rs. 28,000 M 28 B
Computers for divisional Robbed amount Rs. 1,200 M 1.2 B
Purchase of Gantry Cranes total amount robbed Rs. 24,150 M 24 B
Fly over contracts Total amount robbed Rs. 3,500 M 3.5 B
Kerawalapitiya (Additional Losses)Robbed amount Rs 25,550M 25.5B
Road Development in North amount robbed Rs. 28,000 M 28 B
TOTAL AMOUNT ROBBED Rs. 780,490 Million rupees (780.5 Billion Rupees)
(2011-2012 awaited)
by transCurrents on January 3, 2010 plus other deals……
Hon.Lalith Kotalawela is a staunch UNP supporter. Even though Lalith Kotalawela contributed immensly to Rajapakse election campaign, still Rajapakses wanted him to go broke so that he will not be able to contribute to UNP in future election campaigns. Also Rajapakses illegally acquired UNP Harry Jayawardena’s and Daya Gamage’s Sugar Plantations through appropriation Bill.
Rajapakses through Central Bank has pumped 29 Billion Rupees to Sri Lankan Airlines and 19 Billion Rupees to Mihin Air to cover their losses, while made Golden Key to Collapse making all the employees and executive staff go unemployed and their familied to suffer and also made depositors loose all their money while some committed suicide.
This was done when Hon. Lalith Kotalawela said he will even sell Ceylinco properties to settle GK depositors, but Rajapakses did not allow him to do so.
Now Rakapakses are bosting to his Ministers saying CJ Dr.Shirani Bandaranayke even don’t have money to put petrol in her car…..while both her husband and son are unemployed and without any income to the family.
Please read following web.
http://srilankaxnews.com/index.php/newstop/item/2722
Now after spending Billions of rupees for another wasteful Mattala Airport project, it is going to be the next BIGGEST EVER WHITE ELEPHANT IN SRI LANKA.
Mattala Airport daily operational, logistics and administratrative expenses are going to be around 20 Million rupeer per day.
Each landing/ lift off at Mattala Airport on a transit plane,it cost an Air plane additional 2 million rupees per landing.(4000 gallons of Jet fuel burned per each landing/ lift off X 450 rupees per gallon) This is seperate to the tire waste, extra logistics, utility and re fuel costs.
http://science.howstuffworks.com/transport/flight/modern/question192.htm
http://www.ehow.com/about_6171011_much-fuel-747-jet-burn_.html
IMF rejected 1.5 Billion loan request.
China has rejected US 500 million Dollar loan request.
WHERE IS RAJAPAKSE CROOKS TAKING OUR COUNTRY……..
IT IS TIME TO IMPEACH RAJAPAKSE FAMILY DICTATOR CROOKS AND THOSE WHO HELP THEM TO STAY IN POWER BEFORE THEY TAKE OUR COUNTRY FURTHER INTO ABYSS.
Jayantha - March 5, 2013
4:19 am
Thanks Jayantha, constant drumming of these facts make the public aware and remember as other wise our masses forget these things.
gamini - March 6, 2013
8:02 am
With the de facto Thief Justice, Peiris at the helm of the Judiciary, natural justice is gradually being converted to unnatural justice. A deputy thief justice, Shiranee Thilakawardena, nee Bhurani, heading a bench of judges to arbitrate a case involving the de jure Chief Justice, against whom unjustice Thilakawardena, nee Bhurani, gave evidence. is clear proof that the nine judges comprising the “bench” in question are being threatened to pervert and prostitute justice in Sri Lanka and to toe the line with the Ali Baba and the forty thieves.
Darlin de Silva - March 5, 2013
5:52 am
Justice delayed is justice denied. The nine member bench has decided that a ten member bench has to hear the appeals. No replacement has been appointed to take the place of Justice Immam, who has retired . The hearing has been postponed to June.
In this case justice delayed is bound to become justice forgotten.
Dr.Rajasingham Narendran
Dr.Rajasingham Narendran - March 6, 2013
11:28 am