In the application filed by the Chief Justice, the Court of Appeal has issued a Writ of Certiorari quashing the proceedings of the Parliamentary Select Committee on the impeachment.
Accordingly, there is no valid, actable finding under the law as pronounced by the Appeal Court on the basis of which a vote can be carried in the legislature to remove the Chief Justice from office.
The position endorsed by the Court is effectively that steps need to be taken to provide by legislation (as opposed to Standing Orders) for the impeachment of Superior Court judges. This means that since draft legislation (a Bill) is reviewable by the Supreme Court as per the Constitution upon being referred by a citizen within 7 days of it being placed on the Order Paper of Parliament for inconsistencies with the Constitution including provisions for the protection of fundamental rights, it would be possible for the citizenry to ensure that any Bill is only enacted into law with provisions that ensure adequate safeguards to ensure the degree of due process needed to ensure judicial independence.
Await further details.
Related posts;
Grease Yakka / January 7, 2013
Three Cheers for CJ!
She is the first to down the tyrant.
May the tyrant and his cronies like Alahapperuma,Wimal the drummer,and that bastard Prem Jayanth all crash like a bag of potatoes!
The Spring has now begun!
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Sudu Akka / January 7, 2013
The Tamil Diaspora has joined with the UNP and JVP along with the NGO s to undermine the great government of Mahinda. Go ahead dear leader and sack the CJ as well as the anti government Lackys in the judiciary including those in the a Supreme Court and the Appeals Court. Also whip the black coats with a polpittha.
You are the fearless leader who won the unwinnable war and saved the Motherland. The country is great full to you forever and you will not fear the jackals who bark at you. These are the traitors who have now joined hands with the Tiger remnants to undermine you. There will be Singhala Traitors always and fear them not. Get rid of the Dodgy CJ and clean the Judiciary. Where were these Singhalese Traitors when the JVP and the LTTE were killing thousands of innocent civilians ? Who are these traitors to talk about justice and procedures relating to an impeachment of a dodgy CJ? The dogs bark but the caravan moves on!
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Sunimal / January 8, 2013
Ones that would never join hand with Tamil diasphora would rethink when we are compelled to read your kind of comments. Right at the moment, anyone that goes against the uneducated rulers are branded as NGO supporters that work for dollars.
Your great mahinda is behind every state sponsored murder.
Latest has been the PC MP gunned down lately on Waragoda Kelaniya. No need to hope for impatial inquiries, because we are well aware, the case with Baratha and several other murders.
Sooner people have to change his Pseudo name to SRILANKEN POLPOT
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Sofia / January 8, 2013
So long your ilk support even a killing minded leader can stay in power many many years. It is the case with poorest states in africa.
Correct to say, that he is fearless when it goes with mass killings. What he did with innocient tamils in the last phase of the war is now being carried out with the other parts of the country. Rajapasshes are known are mass killers than any kind of good politic players.
Sooner or later, Karma will catch the gangsters, days are numbered.
Sooner Judiciary will be handled by him, the country will have no future. This you will see soon.
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kali / January 8, 2013
Sudu Akka,
This is your Thamby speaking since you were born you were always backward and didnt have much upstairs.
But take it from Thamby that it took seven years to bring Milosevich, Radavan Karaditch and Rathko Miladich to the Hague even with powerful Russian backing. Sri Lanka whether you like it or not is under the Indian Jurisdiction. You dont know this when Sri Lanka was plagued by Cheguveras Indian Army arrived with pots and pans without any invitation.
It is only a matter of another 12 months before Narendra Modi and Jeyalalitha will come to power and MR and his clan will be delivered to the Hague. Dont tell them this as they will be shitting in their pants. Even you know what happened to Hitler and Sadam they both died in their bunker.
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Saro / January 7, 2013
The judges have shown that they are prepared to stand up against the most powerful executive and the legislature knowing very well what has happened to anyone who dissents. Journalists, trade unionists, opposition parties and academics feel a sign of relief to learn that the president cannot have his way in each and everything. This ruling has unmade a self made king at the expense and suffering of ordinary people.
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Sudu Akka / January 8, 2013
Look at all the anti government pundits and traitors trying to split hairs with the impeachment issue . Where were these pundits when the JVP and the Tigers were killing thousands of innocent people ? Where were these traitors when the previous government was prepared to hand one third of the country to the Tigers? Mahinda destroyed the terrorists and saved the country now all these pundits and traitors have got the freedom to undermine the government and try to defend a dodgy CJ. I ask the government to sack all these dodgy judges in the Supreme Court and Appeals Court and throw out the dodgy CJ and also kick the back side of the Black Coats as well. Media people give a place to my comments as you give a lot of publicity to the anti government forces.. Sudu Akka signing off with my love to all! Ha ha ha ha ha…..ha ha ha ….Sudu Akka as always!
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Jayantha / January 8, 2013
MARA’s whole CJ impeachment process is flawed and was geared towards kicking CJ out knowing MARA is involved in all illicit deals which CJ plan to reveal to an Independent Court..
From the 117 who signed on a blank paper upto Govt.PSC coolies verdict…..everything was pre.planned and manupulated by MR brothers.
CJ never got justice…….through GOVT. PSC THROUGH STANDING ORDER
THEREFORE IT IS JUSTIFIED FOR CJ TO FIND JUSTICE THROUGH JUDICIARY….AS PER SEC. 78A.
IT SAYS CJ COULD COME BEFORE JUDICIARY OR STANDING ORDER……..THE JUDICIARY IS WRITTEN FIRST…….AND STANDING ORDER SECOND.
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THEREFORE THE PARLIAMENT SHOULD FOLLOW FIRST CHOICE WHICH IS JUDICIARY.
A puppet CJ will fulfill MR’s Dream to sell the country….including the historical swards, rings, coins and battons, artifacts, ancient religious statutes,ornamentals, wood cravings which are been robbed heavily these days to whoever he wants….. with first preference to CHINA, whenever he wants, at what price he wants and he don’t care a cent for it.
Ever since MARA occupied parliament…..we faced misery and the latest Kelaniya incident is one of them
Come 11th January MARA plannes to win CJ impeachment with Kangaroo parliament…..and for this he has stopped every Govt. Parliament member from travelling abroad for a week.
Come 12th Mara is ready to chase CJ by force with armed forces.
Therefore what actions the Judiciary, Supreme Court, Bar Association, Opposition Parties, Trade Unions, Clergy, Professional Associations plan to take to save CJ and our future justice and democracy………..
MARA think other than he and his puppet parliament…….the judiciary, SC, Bar association and other opposition members DO NOT HAVE BASLLS.
THEREFOR IT’S TIME TO SHOW MARA THAT WE HAVE BALLS….AND FIGHT FOR OUR RIGHTS UNTIL WE WIN.
Please read following:
1)MR three brothers control 90% of the Budget allocations.
2)While President handles the Cash Box(Finance Minister) of Sri Lanka….his daily personal budget alone is 20 Million Rupees per Day.
3)No transparency on Tender precedures, to whom the contract are awarded to and with no Pre.Feasibility studies been carried out before commencing a project…..namely Hambantota Harbour, Airports, stadium, Nelum pokuna, Many roads and other constructions awarded with no informations as to what price and with what commission percentages etc..etc..
4)Also land sale or leases without any transparency……and the commission percentages etc….
5)I still do not know the LIMITS AND CAPACITY OF ECONOMIC DEVELOPMENT MINISTER…..AS THE WHOLE SRI LANKAN ECONOMY FALLS UNDER THIS MINISTRY.
Starting from opening a small grocery store, to a selling of a retail box in super market (Nugegoda bus stand) or a vegetable box (lella) in a day pola…upto Free trade zone, hotels, clubs, apartments, airport, harbours, car parks, malls…etc..etc…all falls under the ECONOMIC DEVELOPMENT MINISTER.
Also if the DIVINEGUMA BILL IS PASSED…..IT WILL BE A “SUPER MEGA ECONOMIC DEV. MINISTER”
6)Defense secretary became the URBAN DEVELOPMENT MINISTER. Then Ratna Lanka Security service, Hotel Builder, Looking after Colombo Municipalty, Land scaper, In charge of all three defense services, police, prisons, military service for schools and universities etc…etc…
THEREFORE THE WHOLE SRI LANKAN ECONOMY, ADMINISTRATION AND SOCIAL LIFE IS COMING UNDER THE FOUR RAJAPAKSE BROTHERS.
THEREFORE CAN YOU EXPLAIN THE POSITIONS THEY ARE IN CHARGE TODAY….AND WHERE THEY ARE PLANNING TO TO TAKE THE COUNTRY.
Also please see the following discussion ex. CJ Sarath N.Silva had with Dilka at Derana 360 talk show.
http://www.derana.lk/index.php?route=programs/programs/programdetails&pid=85&vid=5582&page=2
You could see the rest of the clips if you type page= 1,3,4, etc.
Just listen to the video clip and analyse yourself ….the president’s mind set.
Also If you listened to today 360 program Dilka at Derana had with Minister Rajitha Senaratne(Video clip is not out yet)…………You will note what Rajitha say about President’s mind set…..which is come January 12th 2013 after the favourable Parliament Verdict….President plans to use even Buffalo solja……military power to suppress any protests and to take over Judiciary and the Supreme Court by force.
Therefore my question is what action or what Plans the Justice department, the Bar Association, the Trade Unions, the Clergy, The Professionals, The opposition parties and we people plan to do………
If anybody could answer will be great.
Can the International community help us……before people start fleeing in Boats…..and become homeless refugees again……..
PLEASE DO SOMETHING BEFORE IF YOU CAN TO STOP THIS……AS THIS WILL LEAD TO TOTAL ANARCHY…..AS THERE WILL BE NO WINNERS BUT ONLY LOOSERS.
Please let me have your views.
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Thilak Dissanyake / January 8, 2013
TWO SILVAs RUINED THE JUDICIARY. ONE BUGGER HAS CLOSED HIS BRAIN AND AND EARS AND LOCKED HIS GAB AND IS WORKING FOR OUR GADDAFI;THE EARLIER RASCAL CANNOT KEEP HIS GAB CLOSED BUT HAS A FLEXIBLE TONGUE MADE SO FLEXIBLE BY THE THINGS HE DOES GEDARA YANA GAMAN. THESE ARE THE PIGS OF OUR TIMES.
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Sofia / January 8, 2013
I hate the man SILVA who created the current problems inn SL.
why the shooters cant find him is the question, while the innocient ones have been targeted.
Even today the pundit – Silva opened his mouth as if he has lot to say. On the top of the hatred list- Sarath N Silva is on the very top followed by Mervin..
Lanka is sinking.
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Citizen / January 8, 2013
Atlast the sword is raised against the PSC members. Justice is manifestly seem to be done. If there are any signs of defying the Courts Order, Court should not be reluctant to strip their civic rights. It is then democracy will be restored.
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