Impeachment: Full Text Of The Supreme Court Determination Today

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39 Responses to Impeachment: Full Text Of The Supreme Court Determination Today

  1. Chandra Jayaratne,
    Not just getting this judgement but delivering it to the speaker (hopefully with no bribe to fiscal), and even he throwing it to Diyawanna Oya is rather boring to me.

    Do you know what interest me: Tell us Mr. Jayaratne, what exactly has Kanag advise you to do next?

    Villager - January 3, 2013
    10:31 am
    Reply

    • Time has come to impeach Mahinda Rajapakse and Chamal Rajapakse for causing malicious harm and disrepute to the judiciary, the legislature, the executive offices and thus the sovereign people of Lanka.

      Chanakya - January 3, 2013
      1:53 pm
      Reply

    • Villager,
      It sounds like you are implicating Mr. Jayaratne that he is taking guidance from Justice. This shows bias on your side. The Justice who sat on the bench are clean and honest people, if not they could have given a decision the next day the case was filed. So first do not be blind and accuse honest and honorable people. Mr. Jayaratne keep up the good work you are doing.

      Park - January 3, 2013
      2:55 pm
      Reply

      • The best thing is to IGNORE this Leela/Villager/…./…./…./…. You can talk to 100 people with common sense and be rest assured that they have understood but NOT to one fool.

        Ronny - January 3, 2013
        4:32 pm
        Reply

  2. Will the impeachment proceedings against the CJ come to an end now? Will parliament amend its impeachment procedures – standing orders- to comply with the requirements of the constitution? What are options available if the president and parliament refuse to accept the ruling of the Appeals Court? Would they change the standing orders to relaunch the impeachment proceedings?

    Is it going to be a do unto death battle between the president plus parliament and the judiciary?

    The Appeals Court judgement provides a way out for the impeachers. The law in this instance must be seen to be upheld by the people. By doing so the government will redeem itself in the eyes of the people. If not, it is going to be unfortunately all downhill for the government.

    This is also a warning signal for the government to correct itself where it has and is acting wrongly and reset governance on the right track. President Rajapakse is the only person on the horizon who has the capacity to do this. He has to transform himself into a statesman overnight to achieve this. I hope and pray he is upto this challenge. If he fails, very tough times are ahead for him and his government. The people are wide awake and cannot be put to sleep easily again. Every move of the government will be closely watched hereafter. This will not be comfortable for a government that has had its way for a long time. However, it will be good for this long suffering country.

    I hope and pray wisdom prevails.
    Dr.Rajasingham Narendran.

    Dr.Rajasingham Narendran - January 3, 2013
    11:01 am
    Reply

    • Hear Hear, Dr, Rajasingham N.

      vishvajith - January 3, 2013
      12:34 pm
      Reply

    • “President Rajapakse is the only person on the horizon who has the capacity to do this. He has to transform himself into a statesman overnight to achieve this.”
      You are dreaming my dear friend. He the President Rajapakse has never lived in his entire life like a statement. He always uses dirty and cheap tactics to manipulate the situation. That is the truth.

      leel - January 3, 2013
      2:56 pm
      Reply

    • Dr RN,
      I wish i had/have the same faith that you have in believing that Mahinda Rajapakse becomes a true Statesman

      Chandra - January 3, 2013
      9:18 pm
      Reply

      • It is not faith, but hope. It is hope that Mahinda will use his obvious positive talents to make this country a better place and hope that Sri Lanka could be made a better place with the ‘ Known Person ( Devil to some and a God-send to others) ‘ already in place with a two third majority in parliament . It is also the hope that a strengthened and assertive judiciary will make the executive and the legislature act judiciously . It is also the hope the judiciary itself will always defend our constitution, which defines our sovereignty.

        Dr.Rajasingham Narendran

        Dr.Rajasingham Narendran - January 4, 2013
        1:10 am
        Reply

  3. Ane Villege uncle, no one asked what interests you or what makes you bored.

    Our country is ruined thanks to back bones less feet suckers like you!

    Integrity - January 3, 2013
    11:23 am
    Reply

  4. Truth must triumph. M R who orchestrated all this drama behind a screen now must realise that he is now a discovered man.None will trust him him now.
    Yes all credit for winning the war but you behaved not as an honest honourable leader and lost all the goodwill He has to fall in line to act within civilised democratic norms not engage rowdys like former peon MERVIN SILVA.I knew this bugger from the CWE days as a viper and a depathnaya.

    Jayawewa Sathyata - January 3, 2013
    11:32 am
    Reply

  5. This government of thieves must come to an end. Congrats Appeal Court!

    Thilak Dissanyake - January 3, 2013
    11:33 am
    Reply

  6. A Govt which ignores the rulings of the courts will also lose all legality to function. The so called representatives of the people should know the saying ‘those in glass houses, should not throw stones’.

    The people now have the opportunity to question the shady deals of the govt and bring the criminals to justice. No one can be above the law, not even the members of the exclusive Diyawanna Club.

    Safa - January 3, 2013
    11:50 am
    Reply

  7. To give into the Courts findings will go against the Dictatorship agenda
    of the regime Bros. This is the question and if MR can afford to miss
    this opportunity, as they are in a haste to establish the Family rule
    for ever.

    punchinilame - January 3, 2013
    11:54 am
    Reply

  8. So far so good, but I am an old cynic. Either: The regime will ignore the ruling and do as it will – that is go through with an illegal “impeachment” in defiance of the law. Or: It will subvert the import of the SC determination by some strategem, and have its way by subtrefuge or other means.

    Have no illusions about the nature of this regime. Hence the basic task remains unchanged, to educate the masses and to mobilise them to safeguard their own democratic rights.

    Kumar David - January 3, 2013
    12:53 pm
    Reply

    • The Chief Justice is not above the law. Somehow the President is. Do you realise that? Nixon believed he could get away with Watergate and every American President has committed murder by proxy. So if the CJ has to be impeached so be it.
      When the President finishes his term maybe Ranil will get you people some satisfactiom but then where is the UNP and where is the LTTE, BTF, GTF and TAG?

      Peter Casie Chetty - January 8, 2013
      10:11 pm
      Reply

  9. The constitutiton of any country is supreme. The executive, the legislature and the judiciary derive their powers from the constitution. None of these, and no individual, is above the constitution and the Rule of Law.

    The constitution of SL does not permit the legislators above the Rule of Law and the judiciary.

    Further, any decision in the legislature should be based on “evidence” and not on “hearsay”.

    The three judges Appeal Court has summoned 11 legislators to appear in court today. But, the UNP and the UPFA legislators have decided to defy the court order, thereby defying the constitution, to which they have taken an oath of allegiance.

    This act is an absolute contempt of court and the constitution, punishable by law.

    The legislators should have appeared in court, explained their position and allowed the court to decide on the validity of their claim, if any. By their absence, the court can issue a “judgement in default”.

    The legislators have ignored the fact that Shiranee Bandaranayake, though CJ, has constitutional rights and access to justice from a court of law, as a citizen of SL.

    In the same manner, the legislators violated the constitution and the Rule of Law, to commit war crimes and Tamil genocide, with the West and the UN turning a blind eye.

    It is high time the UN reorganises itself to be more democratic.

    Definitely, SL should be severely punished and the people of Tamil Eelam be granted independence.

    Justin - January 3, 2013
    1:03 pm
    Reply

    • Justin, do not get things mixed up. The PSC issue and Tamil Eelam issues are two different issues. NO Tamil Eelam we need equal rights to live together. PSC issue is another case.

      Park - January 3, 2013
      2:57 pm
      Reply

      • According to the constitution and the precedence, the speaker had formed the PSC to investigate 14 charges against the CJ. NO CJ backer talked about one single charge and shown she is innocence but procedures and etc against inquiry to stall that investigation.

        After PSC found CJ guilty for three of those charges, the CJ herself has filed a case against the speaker and members of the PSC for the validity of the Constitution and the Standing Orders to investigate her. And ‘her judges’ gave a ruling in her favour.

        This way, soon, she could file cases in ‘her Appeal Court’ to challenge all the articles and the standing orders and grant 13A, and investigate War Crimes and finally give the separatists their Eelam. That’s the name of this game.

        No point electing members to Parliament; educated back coats can do it all for us as well. My foot.
        Leela

        Villager - January 4, 2013
        2:28 am
        Reply

        • Villager,

          I am surprised that you do not understand the fundamentals of our political system. What you are defending is governance by decree, as in a dictatorship. The parliament at present rubber stamp that could give the executive the power to even order sex change in individuals, which power old JR lamented his constitution did not give him.

          Our government cannot be a junta, backed by a rubber stamping parliament and an effete judiciary.

          Dr.Rajasingham Narendran

          Dr.Rajasingham Narendran - January 4, 2013
          5:07 am
          Reply

        • Dr.Narendran,
          My concern is not a bogey of dictatorship right now, but how to keep schemes and plots by NGOs and their pay masters out. Was not Lee Kuan Yew accused as a dictator and Dr. Mahathir Mohamad as a corrupt dictator? President Park Chung Hee of South Korea was an absolute dictator. But they all developed their economies rapidly to such an extent all three were named by Time magazine as top ten Asians of the Century.

          Not just you, we too have our own criticism on many aspects of governance by MR. I am sure people understand that to rule a country in a democratic system is not like eating cakes or like giving judgements in a court. He has to deal with all types of people we elect and still stay popular.

          What is important is, in spite of many shortcomings of MR; people consider him the best bet to keep the country together and make economic progress at the same time. That’s why he win elections. It’s not cheating as some dudes imagine.

          For most people free and fair election is the measure of democracy and not these court juggleries. And MR gives it more than they want it. That’s why opposition cannot find enough people to have a successful protest.
          Leela

          Villager - January 4, 2013
          12:28 pm
          Reply

          • Villager,

            He has to work efficiently within a system in a democracy. He cannot subvert the system in order to do what he wants to do-right or wrong, the way he wants to, if this is the way now, we are living under a dictatorship. If it is to be way in the future, we are heading into a dictatorship.

            The long war and the mindset developed as a result, had brought us to the brink of dictatorship. It is hard to play by the rules of democracy, once the rulers get used to getting things done in the military way.

            However, efficient the military way looks, when adopted in civilian governance it proves a disaster.

            Dr.Rajasingham Narendran.

            Dr.Rajasingham Narendran - January 4, 2013
            3:53 pm
            Reply

          • Well said my friend.

            Peter Casie Chetty - January 8, 2013
            10:13 pm
            Reply

  10. we are now living in a country where the legislators are not aware that “no one is above the law”

    toombray - January 3, 2013
    1:25 pm
    Reply

  11. Good judgment. Good lesson for the corrupt leaders – never play with fire. What about disenrolling of lawyer members of the PSC who failed to give their presence in Court. One thing is certain – Security will be reduced to Judicial Officers.

    Citizen - January 3, 2013
    1:31 pm
    Reply

  12. The villager alias leela, the stooge of this regime of thieves wants to question the integrity of Chandra jayaratne and the judiciary. What a farce. Come on leela behave like a human.

    Chandra - January 3, 2013
    3:54 pm
    Reply

  13. Let Lila or villager lie in peace. The villager has not replied any of the comments!
    What is the court going to do about contempt of court? If SB went to jail what about others govt or Ranil’s ambassadors ? SB, please protest!
    Or is the court going to ignore this since upsetting the MaRa regime may lead to stone/bomb throwing at the houses? Wijedasa R has probably succumbed to threats or was it Shenali W’s article?

    gaje - January 3, 2013
    4:34 pm
    Reply

  14. The regime will have it’s way,despite the ruling of the Appeal Court,and there will be a coterie of born suckers who will applaud every move of the Regime.But the whole world is watching and they will collectively pull the string that will eventually ISOLATE Sri Lanka from the rest of the world, except a few countries which are only keen on fattening themselves at our expense.

    THE QUIET MAN - January 3, 2013
    5:53 pm
    Reply

    • The whole world was watching when our heroes decimated LTTE and killed Pirapaharan and his terrorist gang. We, only have followed uncle Sam! This lady will be kicked out the same way all countries in the IC sacked their judges. I feel pity for her for she has become a political animal with the ghost of Pirapaharan all over her soul.

      What world you are talking? Do you know that the US is in debt to the tune of $16+ trillion? That is almost $50,000 for each man, woman and child in the US. They are on the verge of a fiscal cliff. Fortunately we have no oil for them to rob. So, they’ll not sojourn here or waste few dollars they still have on a useless but corrupt woman and pain in the butt terrorist Eelamists. Wait and see how Rajapakse play his cards.
      Leela

      Villager - January 4, 2013
      5:08 am
      Reply

  15. Hat off to Mr. Jayaratne. He has done his duty by the country. The state media is misleading the people.Government spokesmen like Keheliya and the Deputy Speaker have started talking poppy cock.The Deputy Speaker says that the impeachment is a matter between the Parliament and the Chief Justice and there is no need for a third party to enter the scene.He says that the Parliament is exercising the judicial power vested in it by the people.He cites Article 4 of the Constitution to support his point- the very Article that negates his claim:Article 4(e) clearly says that Parliament is required to exercise the judicial power delegated to it by the people through courts and other tribunals recognized by the Constitution “except in regard to matters to the privileges, immunities and powers of Parliament…” This clearly shows that the Parliament cannot exercise the judicial power directly in regard to removal of a judge.

    The interpretation of the Constitution comes under the sole jurisdiction of the Supreme Court and now that it has given its ruling, the Parliament and the Executive have to abide by it. Therefore, the PSC probe report now before the Parliament is a dead letter. Any further action in pursuit of the report like the debate in Parliament on it is against the law- an infringement of the Constitution because the interpretation of any provisions of the Constitution by the Supreme Court becomes part of the Constitutional law. I can understand the type of scum of the earth hiring three wheeler drivers to stage rowdy demonstrations against the Chief Justice uttering falsehoods to mislead the people, but can we tolerate supposed to be educated and civilized individuals trying to hoodwink the ordinary people?

    Saman Wijesiri - January 3, 2013
    6:58 pm
    Reply

    • If one reads the Daily News Editorial it does bring a wry smile when you read
      “This is serious, and legally, the Supreme Court judges are in contempt of Parliament.”
      Lol!

      Chandra - January 3, 2013
      8:47 pm
      Reply

  16. The “Daily Noise” Editor, a disgusting cheap slipper sucker kept by the regime must be living in cuckoo land. This fellow is supposed to be Lawyer? And he says “This is serious and legally the Supreme court Judges are in contempt of Parliament.” If this is law of the land he knows, God forbid,This fellow should be struck off the Register as insulting the intelligence of Judges of the Supreme court.May be he wrote this crap in the usual cheap alchoholic haze he frequently indulges in.

    Nisal Amarasingha - January 3, 2013
    10:47 pm
    Reply

    • The Courts in England and Wales are subject to the rule of Parliament. They represent the people and that is where Democracy is laid out. Judges are bound by Parliament so cut out the crap “Doctor”. Even in France where our constitution is “copied from Parliament reigns Supreme and if you want to kiss the slippers of the LTTE and treat the Peresident as a dictator you have to admit you have got your wires crossed. Bandaranayake was appointed by a Bandaranaike. Remember?

      Peter Casie Chetty - January 8, 2013
      10:18 pm
      Reply

  17. Most of our parliamentarians remain silent because they are wiser than we think . They either know which side their bread is buttered and/ or that their opinions do not count, even if intelligent and wise. There are others who bark on command, because their talent to do so is recognised and used. There are others who because they are lawyers think they can make nonsense sound sense and are used for this purpose. There are others who know they are stupid and are wise enough not to open their mouths. There are yet others who are stupid, but like the sound of their own noise. All in all they are an interesting menagerie. There is one of course who has sold his soul and stature for no reason at all.

    The state media is of course kept to lie, distort and exaggerate, and rarely tell the truth. I noticed that over the past several days the news readers on state TV appeared to be embarrassed reading what they had to! . The state media follows in the footsteps of that infamous Nazi propaganda minister -Goebels- who believed that a lie repeated many times becomes the truth! If we are to have good governance in this country, the first step is to divest the state of its media outlets.

    The worst among all were the university academics who were paraded on state TV lend credence to a sordid drama.

    I suppose this is what we call democracy in this beautiful isle !

    Dr.Rajasingham Narendran

    Dr.Rajasingham Narendran - January 4, 2013
    1:46 am
    Reply

  18. THAMBY RASA NARENDRAN, IT IS ABOUT TIME WE ALL GOT TOGETHER AND GOT RID OF THESE TWO TIMING, LYING, MURDEROUS, THUGS, RAPISTS, CHILD MOLESTERS WHO ARE BRINGING DISREPUTE AND DISGRACE TO OUR WELL RESPECTED AND ADMIRED CITIZENS OF THIS BEAUTIFUL ISLAND PARADISE.

    PRIME MINISTER OF SINGAPORE, RECENTLY SAID, THAT THESE ASSHOLE BROTHERS, WERE NOTHING BUT BLOOD THIRSTY RACISTS, WHO WILL NEVER GIVE THE MINORITIES WHATEVER IS RIGHTFULLY DUE TO THEM, IN THEIR OWN MOTHERLAND. HE MEANT EQUAL RIGHTS AND EQUAL OPPORTUNITIES. THE MINORITY ARE AT THE MOMENT TREATED LIKE FOURTH CLASS CITIZEN, NOT EVEN AS SECOND CLASS.

    DO WE AGREE ON THE ABOVE?.

    WITH ALL THESE SHIT THROWN AROUND ME, IT IS A SHAME TO SAY THAT I AM A “SRI LANKAN” CITIZEN.

    Oh Danny boy - January 4, 2013
    3:54 am
    Reply

  19. Oh Danny boy,

    I agree we have to have big changes in the system , modes and persons who govern us. The persons who govern are the most critical elements and they have to be instruments to change the system and modes of governance. The big question is who will replace them? Do you see the any possible replacements around? Please list the persons you can think of .

    Dr.Rajasingham Narendran

    Dr.Rajasingham Narendran - January 4, 2013
    4:59 am
    Reply

  20. It is now very clear that, you and the JVP are like our national treasures. In the absence of true , Uncowardly patriots like you, and absolute cowards but, true patriots like us . We have to worship you and bless you. Please be careful of the Sri Lankan Killers ,they are worse than the Indian rapists. Hats off to the Indian people and the Indian media. At least they know, how to stand to gether to get the mess cleaned up.

    P.B - January 4, 2013
    5:17 am
    Reply

  21. Great stuff Chandra…Good on you !

    commando 695 - January 4, 2013
    8:05 am
    Reply

  22. What I understand is this NOT that issue of Independence of Judiciary or to be protected Rule of Law by CJ-her vested interest social clans.In reality Challange behind CJ’s Impeachment is nothing but urgent agenda is to outstead MR ruling party in Power, an A FORM of legal battle in the Court of law.
    It is long-term political target of deteriorate social class and Vested interest bunch of clans attempt to oustead MR Govt. by Former Commender Armed Forces. As well as Ex-army chief made a similar attempt.
    They never accpect Mahida Rajapakasas’s PEOPLE MANDATE elected by 2009 Electroial VERDIT.
    CJ is playing a leading role of Political agenda to restore, the anti-Democractic ERA of TYRANNY in 1994.
    The whole echelon insolvent few Judges in Judiciary, who are commited on behalf of given political aganda design by imperious forces to coverup of Legal Order and Legal Logic.
    Is not quite possible to settle within Judiciary or Court of Law ,indeed to be addressed by the SOVERGENITY of Parliment; that excerise as well as PEOPLE’s SOVERGNITY.
    This the only way in democratic Path to overcome and challenge ongoing serious corruptiond created by CJ to undremine the Sovergenity of Parliment.

    Sirisena Yatawara - January 4, 2013
    9:35 am
    Reply

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