9 August, 2020

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5 Judges Nominated By De Facto CJ Refuse C’wealth Lawyers & Bar England & NSW Chance To Assist In CJ Impeachment Appeal

A five judge Supreme Court bench specially nominated by de facto Chief Justice Mohan Pieris, today (23.10.2013) refused the Commonwealth Lawyers Association and the Bar Association of England & New South Wales, permission to be heard on the important questions of law relating to the appeal from the challenge to the removal of the de jure Chief Justice Dr. Shirani Bandaranayake.

Chief Justice Shirani Bandaranayake

The five judges were S. Marsoof, Chandra Ekanayake, Sathya Hettige, Shanthi Eva Wanasundera and Rohini Marasinghe.

Dr. Bandaranayake had refused to participate in the appeal, with the Supreme Court being controlled by the de facto CJ. However, the case is seen as crucial to restore judicial independence. The Attorney General, not even a party to the case and who had only been asked to make submissions to assist the Appeal Court, took the controversial step of appealing the Appeal Court ruling holding the so called impeachment unconstitutional. This step was earlier objected to as bad under the law but the objection was overruled by the same five judges.

Today, senior counsel and constitutional law expert Dr. Sunil Coorey appeared for the Commonwealth Lawyers Association and the Bar Association of England & New South Wales, who said that it was important to allow the court to have the benefit of submissions given the importance of judicial independence. The Attorney General strongly objected to them as outsiders being allowed to appear and assist court.

The case was ordered to be listed for hearing on 28.11.2013.

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Latest comments

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    Kabaraya thinks that the pretend Chief Justice is a man entirely without bias, even though his job is at stake if the appeal succeeds. MR must have appointed a man of honour, just like himself. Otherwise, how would the system function? What are the “judges” appointed by the honourable pretend Chief Justice to do. They will lose their pensions if they refuse and will not be able to find such a cosy job for which some of them are not simply fit. Am I saying something in contempt? Truth cannot be in contempt. Everyone in Sri Lanka knows the truth. So, truth spoken out cannot be in contempt of the exalted supreme court.

    • 0
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      Absolutely true….
      Yet the Commonwealth Countries desire or obligation to hold the CHOGM in Sri Lanka is appalling …is it in appreciation of what the Govt’ s oppression and to further it…?

    • 0
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      We fairly educated knows the TRUTH.

      There Should be the Truth.

      NOTHING BUT THE TRUTH SHOULD PREVAIL in the WONDER LAND OF UNIVERSE.

  • 0
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    Lawyers from commonwealth should keep in their mind that we are a nation who defeated world no. 1 terrorists and a proud nation which has more than 2600 years civilized history and also we are a sovereign country.

    Even our Judges are very competent and recently non other than the Cheap Justice decided that Prisoners should not have the basic Human rights and rights to live.

    The Same Cheap Justice decided that shanty dwellers should not disturb the govt. development efforts.

    In this case 5 Judges decision is correct as there is nothing that commonwealth lawyers can contribute towards this case as the decision is to be taken from the Raja Wasala. Our Independent Judges are there only to read the verdict written by our Notorious professor G.L Peiris.

    • 0
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      We have also the best and most educated Dayan and Rajiva PhD’s who also have a 2500 year old civilized history who will stoope at nothing to defend this civilzation from the barbaric tamil one next door.

  • 0
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    This shows clearly how scared Sri Lankan Judges are and the judicial system and the regime is. It does not matter who the lawyers are, at the end of the day the law of the land will prevail, or at least this is the premise. But with these lawyers association being blocked clearly shows how scared the judges of Sri Lanka are. Mokada Bayada! Once again Sri Lanka has lost an opportunity to prove to the world that rule of law exists in Sri Lanka. These judges should not be allowed to take part in any international events by Commonwealth countries.

  • 0
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    What can you expect a deal from the banana republic.

    • 0
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      A banana! Do you know how many way a banana could be used?

  • 0
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    The judges in Sri Lanka consider only the personal opinions based on personal knowledge of the judges and not prepared to listen to the evidences of any one and as such they are right in rejecting assistance of the C’wealth Lawyers & Bar Association of England & NSW. The bjudges follow the example of the de facto Chief justice of the Supreme Court in their deliberations.

    The de facto Supreme Court also dismissed a case of a writ application of the father of the internee who was allegedly kiiled by the prison officials. The same de facto CJ, before his latest appointment, gave evidence in UN on disappeared journalist Egnaligoda to say that he lived in a foreign country but later claimed he forgot who said about his wherabout in a court. It’s unfortunate that the such a dubious character presides over the judiciary of Sri Lanka which decide the fates of ordinary people – the guilty of innocence of many.

  • 0
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    So the Fox is running the hen house and deciding on what is best for the chickens; yup no bias here at all!

  • 0
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    Why was Justice Nihal Amaratunge and Justice Bavan excluded from the panel? Justice Nihal Amaratunge is the most senior and is honest.

    • 0
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      Honest? My foot. Show me an honest legal man and Ill show you a damn liar. The ex-CJ herself was not honest about the trillium discounts and her husbands shady EPF jillmarts. Stop talking BS about honest lawyers.

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    The present set of “political” judges of this so-called supreme court are bent on serving the MR regime,rather than serve justice.

    But,CJ Shirani Bandaranaike herself “cooked her goose” when she, along with two other supreme court judges, went to ‘congratulate’ Namal Rajapakse,after he took his oaths before them – there were photos in the media.
    This had never happened earlier.
    MR took this as a sign of complete subserviance.
    But the Divineguma ruling angered him and the rest is history.

    • 0
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      The other two are Justice Suresh Rajaratnam and Nihal Amaratunge. They were standing aside, not too close. There may be some compulsion. Chinese judiciary is gradually creeping. A testing time for Sri Lanka.

  • 0
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    WELL SRI LANKA IS DIGGING THEIR GRAVE WITH THEIR OWN TEETH. ALL THESE ISSUES WILL BE HIGHLIGHTED AT THE COMMONWEALTH CONFERENCE IN SRI LANKA AND WHAT A DISGRACE IT WOULD BE FOR OUR HORA PRESIDENT WHEN HE WILL NOT BE INVITED TO CHAIR THE MEETING AS THEIR WILL BE STRONG OPPOSITION AND VOTE AND MAHINDA PERCY RAJAPAKSE WILL LOSE – AS THEIR WILL BE NOT JILMART.

    SARAMA DALA DUWAN WAI….. THIS IS WHAT A FOREIGNER SAID…. SERVES HIM RIGHT.

  • 0
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    A great case study for Law historians around the world including UN, CW and International Bar Association to study and follow.

    Awaiting for more excitements and drama to follow in near future.

  • 0
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    IS THERE AN INDEPENDENT JUSTICE SYSTEM IN SRI LANKA? Can someone educate me on this subject.

  • 0
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    Douglas, yes there is, its called the Rajapakse “apey miniyah” Justice System.
    The Law books are currently being updated.

  • 0
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    “The case was ordered to be listed for hearing on 28.11.2013”

    AFTER CHOGM! :)

    What’s the use.

  • 0
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    S. Marsoof is the next CJ.

    Keep south Indians out of SL’s justice system. Otherwise that too will go to dogs.

    • 0
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      It has already gone to the dogs , and then some.

    • 0
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      ….as though it has not gone to the dogs as yet!

      Sengodan. M

    • 0
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      Marsoof is retiring in August. Shiranee Tilakawardana Buran is retiring in April. Next CJ is Hettige

      • 0
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        Don’t be surprised if Namal becomes CJ. Ha Ha Ha!

  • 0
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    Wonderful! The stock market will go up. It always goes up when the modayas make a move.

  • 0
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    This Jarapakshe clown and their puppets are bringing enormour disrepute to our country.We as a nation with a broken backbone have to witness all these and watch shamefully.

  • 0
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    Correct decision.

  • 0
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    ‘Bar Association of England & New South Wales’
    should be
    ‘Bar Association of England and Wales’

    New South Wales is in Australia
    Wales is in the UK

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