A 5 judge bench of the Supreme Court (Justices Saleem Marsoof, Chandra Ekanayake, Sathya Hettige, Eva Wanadundera & Rohini Marasinghe) specially appointed by de facto Chief Justice Mohan Pieris, dismissed all cases challenging the illegal ouster of the legal Chief Justice Dr. Shirani Bandaranayake today (24.03.2014).
Chief Justice Shirani Bandaranayake
In one of the cases SC FR 23/2013, Pieris was named as a respondent. In that case, the petitioners (Centre for Policy Alternatives & its Executive Director, Dr. PaikIasothy Saravanamuttu) had filed a motion and told court that they will not participate in the hearing of the case anymore, after the judges refused to consider objections raised to Pieris as a respondent handpicking judges without allowing all judges of the court (called as ‘full bench’) to hear the case. The 5 judge bench held that the petitioners withdrawing from participating was an abuse of the the court process, because the case was filed in the public interest.
However, senior constitutional law analysts, said that the withdrawal was a principled protest against compromising judicial integrity by a party to the case picking some judges and leaving others out (called as ‘bench fixing’).
All the cases (including one by the Bar Association of Sri Lanka – BASL) were dismissed without costs, upholding preliminary objections raised on behalf of the Rajapaksa regime.
According to several very senior lawyers and constitutional law experts contacted by Colombo Telegraph (who asked not to be named), the judgments are invalid and void under basic judicial norms, since they violate basic principles of natural justice, with the selection by respondent Pieris of a special bench. The refusal of the selected judges to uphold objections to such selection further made the whole process and judgements highly questionable and illegal.
Therefore, according to several senior analysts, these judgments have failed to whitewash and convert the status of the de facto CJ to the position of the legal (called as ‘de jure’) CJ. The legal Chief Justice Dr. Shirani Bandaranayake is prevented from functioning in office. They said that the matter could be re-opened someday when Rule of Law is restored.
Dr.Rajasingham Narendran / March 24, 2014
Hallelujah! Is the case well and truly buried or will there be a time and circumstances in the future for its resurrection to render justice to CJ Shirani Bandaranayake? We have to render to Caesar what is Caesar’s. Funny isn’t it- a Chief Justice deserving justice? Can there be a better example of the sordid state of affairs in this country?
Dr. Rajasingham Narendran.
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Ali Baba Sabry / March 24, 2014
Dr R Narendran
You can render unto Ceasar what is Ceasars. But you cannot render unto Shirani what was NOT Shirani’s. It would have easily been Shirani’s, had she not eaten her cake by way of the Trillium deal and her husbands NSB EPF frauds. Now, there is nothing left to render unto her. Thats the plain and simple truth of the matter and thats the great Shakespearean tragicomedy of our day, played out in Hulftsdorp, the nook of the black-suited vultures.
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Maghribi / March 24, 2014
They all have skeletons tucked away and they are exposed and leveraged for reasons only known to the kings party.
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Ajith / March 24, 2014
There are few question for Sinhalese People
Do you need a Constitution which has no meaning?
Do you need an Election to show democracy and elect criminals by fraud?
Do you need a Justice system to protect a Family?
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Rohan / March 24, 2014
Please don’t disturb them!
Few are flag waving Rajapakse fans; few support Rajapakse thinking that patriots should protect Rajapakses; most of the rest are chickens who can’t be bothered (killing when fishermen demonstrated, when FTZ workers demonstrated, killing when people demonstrated for good quality water, even the military training of women,…..). There are few good people, but they are scared to open the mouth (reserved only for eating).
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JULAMPITIYE AMARAYA / March 24, 2014
Before Answering that,
There are few Questions to Fellow Brethren Tamizars.
Why did you believe INDIA And It Politicians,will Help You to establish EELAAM In Your Motherland Sri Lanka???.
Why Did you Allow Your Politikkas to help Cunning Fox J R to institutionalize Present constitution???.
Why Did You Fellow Brethren Tamizars, Allowed Thambi Pirbaharan to Elect a Criminal, Looter’s government with a Shit eating Pig as Secretary of Defence???.
I DONT KNOW WHY?????????????????
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J.Thavarajah / March 24, 2014
The journey to nadir is well and truly complete.Do we laugh or cry?
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Pena Kiyanna / March 24, 2014
So, according to this biased account of what happened, If Paikiyasothy Saravanamuttu does not like the President of the country, the President can’t rule even if the vast majority wants him! Similarly with the CJ.
These people are dishonest, “spoilt” con artists wanting to bend the law and practice to suit their own wishes they push under the guise of rule of law and human rights cover.
The best for them and the country would be migration to the West and try to get the same “rights”. They will learn the reality soon (if they don’t already know it yet!
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Dr.Rajasingham Nrendran / March 24, 2014
Which law and whose law? Is someone who is elected, the law? Are all laws or rules approved by parliament just or righteous? Who decides this? Who determines the process by which a law is applied?
Dr.RN
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srilal / March 25, 2014
Pena Kiyanna ,
are you the one who got caught red handed by using ( abusing ) 100 odd different pseudonyms ? people who read & reply to your comment need to check their heads first !
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Sirimal / March 25, 2014
Hi Srilal,
any latest about things turn its way with the resolution becoming even a stronger than ever thought ?
Hope not the gapying folks will again be decieved by state media giving UPFA even more seats. It is reported that election campaigns are gone on records tobe highly abusive this time than any times in the past.
Greetings from sunny part of Germany
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srilal / March 26, 2014
Sirimal ,
thanks , the time of this typing , final final resolution is not out yet , it looks this time round it does have some sort of authority to investigate ,i may be wrong , will wait for a few more hours to find out , Junta has been given another life line (one more year ) to correct itself , but i doubt they will do any thing tangible to convince the UNHCR !
as far as election goes , i don’t pay any attention to those one sided , time wasting , useless so called elections , those are good for the Junta & UNP !
take care Sirimal .
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J.Thavarajah / March 24, 2014
The journey in Sansara will indeed be very long and tortuous for all those hounds involved in the hunt of Hon.Shirani B.
Who knows,they may even reap their desserts in this life itself.Impunity par excellence.
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Leon Berenger / March 24, 2014
What can law do in a country which has no law? There is
no law and order, no freedom of expression and no
liberty. Every day is not going to be carnival for those
in power. Their days of recokning will come, come very
soon.
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Backlash / March 24, 2014
It is now no more than Kangaroo Courts with highly questionable judges.
Lord! How the Rajapakses singularly destroyed a once vibrant and respected independent judicial system that survived for over a century. Can this ever be restored?
We might as well bring the Dharbar system where the 3 Rajapakse Brothers can dispense summary justice as in the Mogul days.
Backlash
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Maghribi / March 24, 2014
The majority elects and it their wish to be ruled or rather trampled by these dark forces.
“Democracy is a device that ensures we shall be governed no better than we deserve.”
— George Bernard Shaw (1856-1950) Irish Author, Playwright and Essayist
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Bruz / March 24, 2014
There is nothing to get surprised, we are living in a la la , No Law land remember !
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justice / March 24, 2014
This verdict was expected – else,this so-called ‘supreme court’ and ‘chief justice’ cannot survive.
Even the ‘minor judiciary’ now ‘toe the line’ to survive.
Justice and Rule of Law are now extinct.
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Citizen / March 24, 2014
When the Satan is ruling, one cannot expect justice. A scar on the judiciary which cannot be erased. It is through the elections people will have to restore the Rule of Law paving way for the independence of judiciary.
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Saman / March 25, 2014
Wonder how a country full of so called Lions allow just Three Foxes to rule all of them.
It’s very funny and sad but true.
This is the tenth wonder of the world.
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Sama / March 25, 2014
Failure lies on the folks.
As one of CT writers made it very clear lankens in general are literate but very stupid, memory losers – have no principles at all. This is common not only to Sinahalese, but also tamils, muslims and other minorities.
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Park / March 25, 2014
What else can we expect from a bunch of justices who are lead by a Cheap Justice whose appointment itself is illegal!
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Saman / March 25, 2014
Sri Lankan Jokers are exposed to the whole world. They may be laughing through their Asses.
Keep playing Hambanthota Comedy tricks until the Puppets are kicked out from the stage.
Comedies and puppet shows bring humor to the onlookers.
Hambanthota Karawalaya PMR…..Pissu Moda Raja with his Hulsdorf “Men in Black” doing a great comedy show.
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Saranga / March 25, 2014
SriLanka is among the worst 6 countries which suppresses press freedom, interfere with independent judiciary and commit extrajudicial killings. The others are China and some African countries.Just imagine, about 60 years ago we were the best among all South Asian countries. It was the time when Lee Kuan Yu, the leader of Singapore, dreamed that some day they would be like SriLanka.
You can see to what depth our our leaders have dragged us down.
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Saman / March 25, 2014
Saranga,
This is Rajapakse’s “Chinthana” Aishchrya, and “Ediri Dekma”
Rajapakse Kelawedda’s Miracle of Asia…..Wonderland of the World.
Jaya Wewa Silly Billy Siri Lanka.
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Safa / March 26, 2014
In other words, even if the President of the Democratic Socialist Republic of Sri Lanka rapes and violates Madam Constitution, no one on earth can do anything about it. This is the considered opinion of his Tardship, the Cheap Justice of the Petticoat and his Bench of Idiots.
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