By Jayampathi Wickramaratne and Srinath Perera PC On behalf of Lawyers Collective –
Dr. Jayampathy Wickramaratne PC
Your Lordships and Your Ladyships of the Supreme Court,
THE ATTEMPT TO REMOVE THE CHIEF JUSTICE FROM OFFICE AND TO REPLACE HER CONTRARY TO THE PROVISIONS OF THE CONSTITUTION
As Your Lordships and Ladyships are aware the Supreme Court has on the 1st of January 2013 exercised its Constitutional Jurisdiction and interpreted the Constitution holding that a Select Committee appointed under Standing Order 78A of the Parliament, does not have the power to arrive at a finding against a Judge of a Superior Court in terms of Article 107(3) of the Constitution.
On the 3rd of January 2013 the Court of Appeal, exercising Writ jurisdiction under Article 140 of the Constitution, quashed the decision of the Parliamentary Select Committee finding the Chief Justice Dr. Shirani Bandaranayake guilty of three charges set out in the impeachment resolution submitted by 117 Members of Parliament.
In view of the interpretation given by Your Lordships’ Court and the decision of the Court of Appeal, the attempt to remove the Chief Justice from office is without any legal basis and contrary to the Constitution and the law of the land.
We understand that despite the aforesaid interpretation and the judgment of the Court of Appeal, nevertheless the Parliament of Sri Lanka is debating the resolution of impeachment and seeking to submit an address of Parliament to the President calling for the removal of the Chief Justice.
We understand that there is a likelihood of such an address being followed by Her Ladyship the Chief Justice being illegally removed from office and being replaced with a new appointee, whose appointment is illegal and contrary to the Constitution of Sri Lanka and the very decisions of Your Lordships’ Court. Such a person would be a usurper in the Office of Chief Justice.
As you are well aware you are obliged (as are we) to honour and follow the decisions of our courts whether we agree with it or not. Thus disagreements in other quarters is irrelevant.
In the aforesaid circumstances, at a time the Judiciary and the Bar of Sri Lanka are facing the gravest crisis in the history of its existence, we as members of the Bar feel it our bounden duty to call upon Your Lordships and Ladyships’ to act to protect the independence of the judiciary which is an intangible heritage of the people of this country.
Accordingly we the undersigned earnestly request that the Judges of the Supreme Court should refuse to accept an appointment of Chief Justice ( or as acting Chief Justice) or refuse to recognise any person appointed to the office of Chief Justice and refuse to sit with a person appointed as the Chief Justice as such an appointment would be contrary to the Constitution which Your Lordships and Ladyships and we as members of the Bar have sworn to uphold.
We may add that Your Ladyships and Lordships are obliged to follow the decisions of our courts and that if Your Lordships or Ladyships refuse to abide by the rulings of the Supreme Court and Court of Appeal you cannot expect any other person to follow the orders of any of our courts.
*Dr. Jayampathi Wickramaratne PC & Srinath Perera PC On behalf of LAWYERS COLLECTIVE
Harshana / January 11, 2013
If the politicians decide to run the judiciary, there is no independent judiciary in this country, intimidation nd interference makes it impossible for the judges to give an impartial judgment in the future.
Lawlessness makes it impossible for the lawyers to act independently. Goons with rods and on gun point judgments will have to be given according to orders of politicians.
At the end there will be no judiciary, not worth going to Courts when the judiciary is controlled by government goons. No point our Courts hearing any cases in the future.
Nobody will go to courts, lawyers will be left without any Court Cases.
/
Kiri Gamarala / January 11, 2013
Those who are interested can apply for the vacancy.
If you are over 65 pass this to friends under 65 who may have some interest
Job Title: Chief Justice
Qualification : Attorney-at-Law ,
Experience: Optional
Age : Less than 65
Job Description:
1. Sanction all proposed legislation.
2. Dismiss all applications filed against Government.
3. Discipline, ostracize and/or dismiss all judges who do not comply with above.
4. Be available for discussion whenever summoned, verbally or in writing or by gesture.
5. Carry out transfers, promotions and general administration of minor judiciary as per directions given from time to time.
6. Make such orders as may be directed from time to time.
Remuneration:
Salary as per applicable circular.
Perquisites include:
1 . Jaguar, Mercedes, Drivers, Plush Jobs in Public Sector for Spouse, Children and Extended
Family.
2 .Retirement Benefits include Ambassadorial posts,
3 .Presidential Advisory Posts and Special Commissions.
/
bonaparte / January 11, 2013
Add to the spec:
> Releases or supports the release of all convicted murderers of the UPFA ministers, MPS, vote catchers by intimidation and threats, kudumuadalalis who contribute to the party fund and catch votes in colombo suburbs, under Presidenial pardon or overruling of court jurisdiction.
/
anaperera / January 11, 2013
This is an extremely courageous and unambiguous CALL FOR ACTION, to whole judiciary (as it urges the BASL to come out of its wishy washy stand as well) with very clear steps in action. And, those who don’t hear this call for action will bear responsibility for their own misjudgments whatever reasoning they may have.
This is a huge challenge and opportunity as well because within a few hours the role of the parliamentary opposition role will officially be over and no one can fool hims/herself expecting and waiting for them to do anything and nor one can be kept waiting for their guidance ( incl. BASL president).
It is really hooped all right thinking persons in the judiciary will follow this call for action.
/
Mahela / January 11, 2013
MARA is the biggest crook in Sri Lanka’s history.
Ever since robbing Tsunami Fund and bribing VP, buying opposition MP’s, bribing Buddhist Monks, Bribing China for illegal and fake contracts and with Black Money Commission he started his illicit Political Business.
Ever since that day, Country was pilfered upto robbing the ancient Kings Swords, coins, rings and Battons from Museum…..and there is nothing left in the country except starving and unemployed population.
In future our children will have to go to China Museum to see those lost items as MARA pak…ya has sold them to China.
MARA export our poor women to Middle East who are been killed there to earn Foreign Exchange to buy Lamborginies to his children.
This is how he runs the country.
All should get together and stop this Hambantota Para Bast..d from stealing our country.
Fuc….ng bast….d. Son of a Bi….ch.
/
Pol Tokka / January 11, 2013
We can do without collusion between the Bench and the Bar. That will lead to pervertion of the course of justice.
Why the lawyers, and only lawyers are up in arms against the impeachment is because they want to preserve their privilege.
But the CJ has not answered the allegations when she had the chance.
Too late now.
/
Anuradha Pieris / January 11, 2013
Another MARA goon….
/
Nisal Amarasingha / January 11, 2013
Pol Tokka needs cranial surgery. A good Tokka does not penetrate his thick skull.Another stupid Arse licker of the regime. Ask the President why he apointed the CJ”s husband to a post he was not qualified for. Also his “Ape Miniha ” theory of apointing hundreds of unqualified yakos to important positions in the government ,Judiciary,Police, Diplomatic service etc.so he can manipulate and black mail these people to keep him and his famiy in power.This President cannot erase his Meeharak ,type crude mentality and upbringing . His actions speech and behaviour speaks for itself.This man is an embarasment to be leader of our country.
/
Sudu Akka / January 12, 2013
No one can even come close to lead this country other than Mahinda who saved this country. All anti government firces and foreign imperialists and the Tamil Diaspora and the Sinhala traitors have banded together to destabilise the country. CJ to be a leader if a new party and to be leader of the opposition as suggested by some if your misguided readers above? What a joke! CJ should be incarcerated for her fraudulent activities and unholy behaviours . I quote an extract . “The Parliament’s decision on the Chief Justice dealt a severe blow to the insidious forces who used her as a cat’s paw to destabilise the government’s progressive march to uplift the masses . The Chief Justice was behaving like a politician and her conduct was sufficient to disqualify her from the post of Chief Justice.” Unquote CJ is a dodgy character she can’t hold a candle to our Great Mahinda who saved this country from terrorism. Where were all these pundits when the previous government was preparing to handover half the country to the Sun God Prabakaran in the name of peace. These traitors are active again.
/
ari / January 13, 2013
Sudu Akka..Defeating terrorism was the leader’s job.It is people who suffered not MARA.Today these people who sacrificed has been forgotten and they undergo all hardships of cost of living so high,no law and order,mess in schools and universities,killing in broad day lights…name it all are in utter mess..This is how you run country..Bribe every one who speak against the government with public funds..SuduAkka do you know how many advisers he has and the money spent on them? His family and all his wife’s family are holding posts in the government and making money..His children’s lives are better than that of Saudi king. Sudu Akka I am not sure where you are from but if you all start supporting these kind of regime,you will never leave a country for our kids..I am sure you are not in Sri Lanka and must be enjoying a life abroad so you are ok but learn to think of poor in Sri Lanka .Don’t be a selfish b..ch…ok
/