By Colombo Telegraph -
An appeal filed against the judgement of the Appeal Court in case No. CA (Writ) 411/2012 quashing the purported findings of the Parliamentary Select Committee in a case filed by Dr. Shirani A Bandaranayake, Chief Justice is listed 14.02.2013 (tomorrow), as the 11th matter for support to be given leave to proceed before the bench consisting of de facto Chief Justice Mohan Pieris (PC), Justice P A Ratnayake (PC) and Justice K. Sripavan in Court Room No. 502. The case number is SC (Special) LA 23/2012.
Pieris was installed in the office of the Chief Justice after Dr. Bandaranayake was ousted in disregard of court rulings and the Latimer House Principles and other international declaration obligations which apply to Sri Lanka as a member of the Commonwealth and the United Nations.
The Latimer House Principles were made binding on Commonwealth member countries through assent, in view of the paramount importance of preventing destruction of the Independence of the Judiciary and thereby the Rule of Law. President Mahinda Rajapaksa himself committed Sri Lanka to be bound by it.
A senior legal analyst told The Colombo Telegraph that the listing of the case by Pieris before himself involves terrible conflict of interest, since even apart from other serious allegations against him, he is a direct beneficiary of the scandalous removal of Bandaranayake which has been condemned widely both locally and internationally through various statements and actions. Therefore, Pieris cannot properly or justly hear the case or play any role at all in having a judgement that directly relates to whether he is occupying an office claimed to be ‘vacant’ by illegally and unconstitutionally shutting out Bandaranayake from office. Bandaranayake has maintained that she remains the legal Chief Justice.
Many sources contacted by The Colombo Telegraph expressed great concern that this appeal is being made to overturn the Appeal Court judgement by exerting pressure on some Supreme Court judges and giving inducements to others, in an attempt to meet strong criticism of the controversial manner in which the Rajapaksa regime carried out the impeachment, so that the international community could be asked to withdraw or soft peddle consequences for removing judicial independence. They felt the regime’s plan is to have in place a situation where they could claim that the judiciary itself has realized that it has made a very big mistake and rectified it, and to try on that ground to excuse or at least lessen the international consequences of the misconduct of an impeachment in complete disrespect and disregard of the role of the judiciary and its independence.
IN THE SUPREME COURT
OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
LIST OF CASES FOR THURSDAY THE 14TH FEBRUARY 2013