24 June, 2024

Blog

A Defeated President Cannot Appoint The Chief Justice!

There is speculation that President Ranil Wickremesinghe sought the approval of the Constitutional Council to extend the term of office of Attorney-General Sanjay Rajaratnam because he wished to appoint Rajaratnam as Chief Justice when the current Chief Justice retires towards the end of the year after the presidential election.

A lawyer was heard to say in the Law Library canteen that ‘Machang, No worries. A defeated President has no power of appointment. I am only sorry that nice lady Ayesha will retire without getting appointed as AG!’, a reference to Mrs Ayesha Jinasena, Solicitor-General who would have succeeded Rajaratnam as Attorney-General. What was implied is that as Chief Justice Jayantha Jayasuriya retires after the Presidential election, Wickremesinghe would be a defeated President by that time.

When President Mahinda Rajapaksa wanted to extend the term of his close friend Attorney-General C.R. (‘Bulla’) de Silva beyond 60 years, the Centre for Policy Alternatives challenged the move in the Supreme Court by way of a fundamental rights application. The case came up before a bench presided over by Sarath N. Silva, Chief Justice. Chief Justice Silva expressed his displeasure over the move and asked State Counsel to indicate clearly to the Court on the next day whether C. R. De Silva wished his term to be extended. On the next day, State Counsel informed the Court that C.R. De Silva would be retiring upon reaching 60 years, the retirement age of public officers.

Sources close to Colombo Telegraph say that pressure is being brought on the Chief Justice to constitute a bench which will give a favourable decision to Attorney General Sanjaya Rajaratnam when the attempt to extend his services beyond the retirement age is challenged in the Supreme Court. Our sources also say the Chief Justice has been told to nominate a bench which includes himself, Justice Nawaz and Justice Kumudini Wickremasinghe to decide on the matter.

Print Friendly, PDF & Email

Latest comments

  • 12
    13

    Neville Samarakoon was appointed Chief Justice by JR Jayawardena from outside the judiciary. Similarly let Sanjay Rajaratnam can be appointed as chief justice after retirement. Who is the lawyer who said that defeated President cannot make appointment. Ranil Wickremasinghe was duly elected as president according to constitutional provision and commands the support of majority in parliament. These are the types of lawyers we have in Sri Lanka. Though he failed to get elected in the general election, his party nominated him for their entitlement in the national list. This is according to provisions in the constitution and his place in parliament was legal.

    • 9
      3

      Dear Gnana,
      .
      This is complicated, and all of us are confused.
      .
      However, I must make this point: Ranil Wickremasinghe’s position is legal, but it is not legitimate. “The people” want to elect a government that is more to their liking.
      .
      I know that in this context, “The People” means mostly the Sinhalese. We know that the Tamils have had a shoddy deal; we want to correct that. It is for this reason that I support the NPP.
      .
      I haven’t studied the situation relating to the Supreme Court as well as I should, but what we desperately need is a Chief Justice of the calibre of Neville Samarakoon.
      .</b
      >
      Panini Edirisinhe (NIC 483111444V) of 51B, Golf Links Road, Bandarawela, Sri Lanka

      • 2
        1

        ” We know that the Tamils have had a shoddy deal; we want to correct that. It is for this reason that I support the NPP.”
        Really?
        So all else is irrelevant.
        *
        BTW, I wonder what the continuing communal utterances by JVP leaders are about.

        • 5
          1

          Panini, I have to correct you. Legal and legitimate mean the same, and therefore what is legal cannot be illegitimate. What should be said is that Ranil’s appointment is legal but immoral, due to the underhand deals he entered with Rajapakses to secure his position.

          • 0
            1

            “illegitimate” gives a meaning not legally constituted. I got that feeling from the common use of “illegitimate child”. No adult woman can be prevented by law not to bear a child for someone (Jihad laws not counted here). But if a woman or man failed to follow marriage contracts and ended up having a child, then its legal position is in jeopardy. but not criminal under law.
            “Illegal” is one kind of criminal issue, misdemeanor, felony, full crime……
            People ousting a president is not illegal. Rather legal, ousters may not be punished by the law, depending which side wins after the revolution. Ousted presidents giving an appointment is not legal. Evil was appointed as prime minister by the ousted president, with an explicit aim of saving him. In Longkang, the reversal has to take place from there, i.e., when Evil was made as Prime Minister. A person, not just his election, but even lost his party was made as Prime Minister by the election winning political party, only as lesson teaching for the masses who elected them but ousted them too. SLFP has to be asked to elect a prime Minister as of now. Then he has to be promoted to EP for the reason that the President of the country “Kampi Needi Pauddar” (has slipped away).

          • 0
            1

            Then the parliament has to confirm that selection. I don’t have to spend a lot of time. You all know, then, how the positions selection would take, even as at now.
            A law functioning against people’s wishes is illegal legislation whether it is in effect or got ridden. The revolutionaries of July 2022 never accepted Evil as any of their things.
            This is another Schrödinger’s cat issue. The cat is alive and dead as of now. But if you find it as only dead or as only alive at a later time, it is only a matter of probability, it does not render the laws’ logic which determine whether the concerned one is dead or alive (a criminal or not) if you conduct the election and bring a party who is willing to impose people’ will. Here if the NPP wins in the election and review all procedures that took place after the July 2022 protest, then you know whether Hitler King, Old Rowdy King and Evil Emperor jointly did in their secret chambers was legal, illegal, legitimate or illegitimate. Nevertheless, it is not without reason, Evil, the master of all deceptions and illusion was brought to power by the world’s worst criminal family at their ultimate deleterious, trial-some occasion (In English you say the time for a “Friend in Need”).

          • 0
            1

            Why did Evil lose to rowdies in the election; Rowdies wanted him to rule?

            Democracy is defined as (human) civilization as at a particular spacetime-events- (Minkowski’s worldline) on the globe or planet earth. It is not a theory, but evets happening in the everyday life of living things (self-recognized Especially in human animal but experienced by the other animals who surrender their life at the hand of humans, willingly or were taken as hostages). It is not something the Greeks invented, (Other than only that English word), but started to exist since when their Patriarch- matriarch were recognized by the animals as their justice providers. You have no idea of how, where or when to spot democracy events taking place. Felicide is a crime under US law as in NYC, in the year of the lord of 2024, June 1st at 9:31 am. But when Manuneethikanda Chola King was riding his chariot on the child lying defenselessly in the open field, Lord Siva took it as a gratification of his justice by the honorable king and Tamils were ordered to study his deed forever of their remaining history. Irrelevant to my artificial writing, determining what democracy is as difficult to understand as much which is right.
            The question is if Manu was still the king in this land, would he be the owner of the title of the “Emperor of Justice”?

          • 0
            1

            But, unlike the “right” and the “democracy”, the common democratic laws are known to evade this complication, as they are passed one time in the past, by a wheeler-dealer, criminal politician and the people could not undo it, with the unalienable paper chit they carry in their hand and call as ballot paper. This tragic punishment to people is no better visible than in Ceylon (not even in Australia), where the Universal Franchise imposed on the voter by the colonial rulers, Britain and they are tricked, forced and induced and punished to use it and destroy their own fate.
            Every time, after they do their classic-criminal- blunders (like Sinhala Only, Standardization…..), Sinhala Buddhist Intellectuals and some hired Half-baked Tamils communist blame their, a quarter of century ago departed, colonial masters. But celebrate the enforcement of Universal franchise, by cooking customary celebration delicacy, the milk-rice and fire crackers on the road after successfully inflicted a part of genocide on Tamils. Universal Franchise is the worst system imposed on Ceylonese by British rulers; a fact realized and opposed by the educated Ceylonese even before 1930. Average Sinhalese understood it only after Eastern Switzerland went bankrupt in 2022. This is not Schrödinger’s cat, but only a realization on the hind-light of lesson learning events.

          • 0
            1

            It is the Soulbury constitution, Satan, the illegitimate Child of British colonialism and Langkang’s Universal Franchise, that started all these. Worse is if you call Soulbury constitution, then there is nothing left in the English Language to call Junis Richard’s constitution. The Dr. Gnana’s “legitimate and legal” jugglery jargons surrounding the Evil’s appointment as the president are the brainchildren of the 1978 constitution. That is where the Sinhala Buddhist Viyathmaga, JR had foxly interwoven how to outdo people’s wishes in an election or ousting a president in a bloodless revolution.
            That is the matter, Junis Richard’s topsy-turvy constitution, our innovative Dr. Gnana wants to be called nothing but “Legal and Legitimate”.
            To the disappointment to our Dr. Human Right Advocate, there is nothing legal or legitimate; Everything is rowdies’ Wildlife Sanctury’s “Kaddu Darbar” (jungle law).

          • 0
            1

            UNP rascals are masters of weaving legal jargony illusions like 1) the country’s Executive President without election and 2). rendering the non-removable 13A devolution as a piece of crab by withholding the due election. Now the 19A fame Emperor has passed 75 19As in the area of trade and commerce. Thus, he has put unremovable stitches on the orifice so Langkang never can come out of bankruptcy blackhole but ailing and rolling ever inside.

            You can see the pictures coming from the Kilinochchi, Mullaitivu children dying by hunger, no fresh to burn, but only bones, can be thrown in the jungles and forget about, no funeral pyre. Evil and his Central Bank Golaya, the Lalavinotham Nanthalala are have campaign with the IMF funded money that in Langkang Milk and Honey flowing in the streets so tourists to flocking to see this magic (the prostitution and drug addictions).

    • 6
      3

      Dr. GS,
      If you read the article properly, you would have seen this:
      “What was implied is that as Chief Justice Jayantha Jayasuriya retires after the Presidential election, Wickremesinghe would be a defeated President by that time.”
      Get it now?
      In any case, it is good that RW wants to appoint a Tamil as CJ.

      • 3
        5

        You are unable to understand what is going to happen. Ranil wants to appoint Sanjay as he will dance to the tune of the government and at the same time make propaganda to the world that Tamils are getting their due. The argument is based on the assumption that Ranil will lose. Take it from me that if Rajapakses do not put forward a member of their family to contest, Ranil will win. Majority of Tamils including upcountry are going to vote for Ranil, as he is the lesser evil.

        • 3
          0

          “Ranil wants to appoint Sanjay as he will dance to the tune of the government and at the same time make propaganda to the world that Tamils are getting their due.”
          This approach of appointing a Tamil who will dance to the tune of the President or government is a tactics not only used by Ranil but also by many Sinhalese leaders in the past. A very good examples are Laxman Kathirkamar was Minister used against Tamils, Arjuna Mahendran robbed the Central Bank, made Karuna Amman and Pilliyan, Douglas as Ministers etc. It helped them (Both) but in reality it damaged the image of Sinhalese politics and Country and helped very much to bring bankruptcy.

    • 9
      3

      “These are the types of lawyers we have in Sri Lanka.”
      Yes, JR Jayawardena was a lawyer.Ranil Wickremasinghe is a lawyer. Former President is a lawyer. These are the lawyers who brought great bankgruptcy to this country and fathers of Buddhist Fundamentalism. But not all the Lawyers are bad as these racists in Sri Lankan history.

      • 4
        1

        Lee Kwan Yew said, I do not want lawyers, I want technocrats in my cabinet to run the government. Not only among Sinhalese, but also among Tamils brainwashing had been done to paint a picture that Lawyers are the most suitable for politics. (Appukathu Arasiyal). We see three jokers competing for Tamil leadership – Wigneswaran, Sumanthiran and Gajendrakumar.

        • 1
          0

          You are standardizing one man’s lecture, after all Lee was not an admirable or calibratable democrat but was an outright dictator. This doesn’t deny his achievements. There is a thought in political circles that dictators are good for development. That is what Hitler did in the start in Germany. Any dictator coming to Singapore with the style of Hitler or Langkang kings can bankrupt Singapore, in one term, though putting that point here is not putting wish against Singapore; that wish is not the point we advocate here. No discipline holds tightly to its technical nuances at a higher level, most of which, except the scientists, are administrative positions. In all disciplines, for administrative positions, they prefer an additional MBA certificate. Parliament is the legislative branch of the country’s government’s three bodies, though the word “Parliament” is not explicitly stressing in English, their one and only duty of legislating, unlike the words, carpenter-carpentry, wood cutter- cuts the wood. If that is an issue for you, you may not want to use your title “Dr.”, that means only teacher-Guru, not the one who treats the sick people. If the Law is not a suitable qualification for a people’s representative in parliament, what is your suggestion? Do you think the in parliament, they do nursing, animal husbandry, pottery, weaving, or even print electronic circuit boards?

  • 13
    1

    How can you expect the judges appointed by president to act impartial when the intention of the president to get judgement delivered to please his government.as an attorney general SANJAYA RAJARATINAM so far did every thing under the sun to please who ever in power.most judges work in srilanka with a intention to please who ever in power in order to get appointed in power full position out side legal field such as appointment in overseas srilankan missions.

  • 4
    1

    Precisely at the time when there was rekindled hope in the judiciary.

    • 2
      0

      Pundit, ‘Precisely at the time when there was rekindled hope in the judiciary.’
      .
      There was never any hope in the judiciary. They are as corrupt as any other part of society, probably worse because they can get away with it. Today’s Daily Mirror shows how five members of the Bar Association syphoned off money donated by the Japan International Cooperation Agency. Ironically this money was to conduct workshops to combat bribery and corruption. The JICA had given Rs 21 million to the BASL and it is alleged that these members pocketed Rs.19 million of it. This is just an allegation but the newspapers have all the documents.
      .
      Strangely just before the issue was made public two of them ‘donated’ what they had stolen back to the BASL. These &7*kjfgfds are President’s Counsels. Do you think they will be taken in for questioning and punished if found guilty?
      https://www.dailymirror.lk/opinion/Did-BASL-misappropriate-monies-sent-by-JICA-for-anti-corruption-programme/231-283121

  • 11
    1

    “most judges work in srilanka with a intention to please who ever in power in order to get appointed in power full position”
    When the Professionals are prepared to bent over the backs to pkease whoever in POWER, the Country suffers especially the poorer ones.JMO ‘s giving false reports as in the death of the Ruggerite; Doctors giving false sick report so that the Politicians arrested for corruption/murder etc get admitted to the Hospital care. Defence personnels/ media people/ businessmen too do the same.
    When MERITOCRACY is not put into practice country becomes a Banana Republic practising KAKISTOCRACY!

    • 2
      0

      The present Chief Justice has got no backbone as usual. Our judiciary is in shambles.

  • 7
    1

    AKD needs to assure the voting public that he will make sure Justice will be served to the people who are currently avoiding justice after stealing money from government coffers/taking bribes/ murder/torture etc. Also to promise that meritocracy is followed in appointing people for high posts in the Government and STATE owned enterprises. When the Parliamentary elections are held NPP should field candidates of high standing.

  • 4
    9

    I don’t think Ranil will be defeated even if there is an election. This time he will be elected easily as President. The country knows that others have misused their powers and have no experience. Even the Tamils will support Ranil. Known devil is better than an unknown angel.

    • 4
      2

      Be ready to eat humble pie seated with Ranil!

  • 5
    2

    The incumbent AG Rajaratnam is due to go on retirement in June this year. I fear that the President who is also due to be SHORT LIVED would appoint another lackey to fill the vacancy.

    The Chief Justice is due to retire in December this year by which time a NEW Government will be in place.

    Hope everything would be SOLVED by October this year.

    • 3
      2

      Douglas,
      What is your question actually ?.
      .
      “I fear that the President who is also due to be SHORT LIVED would appoint another lackey to fill the vacancy”
      .
      If AG is to reitre soon, who else should according to you appoint the successor ? Should he summon your dreaming prez AKD on this ?

      Why cant you guys be patient until dust is settled by October ?
      Dont count your eggs, before they hatch !!!.

      • 2
        0

        LM: You raised two questions – “If AG is to retire soon…….and Should he summon….”

        What a display of idiosyncrasy!

        Don’t you know, if a person retires, the next in line – the most suitable person according to his/her merit deserves to be appointed? Isn’t it the duty and responsibility to identify and train his successor to fill the vacancy?
        If the President summons, AKD – The NPP must immediately sack AKD from the NPP and the PEOPLE must sack the President too. That is NOT the way to make appointments in the Public Service.

        You address, “Rational Thinkers” all the time. First, please be RATIONAL within yourself.

    • 2
      2

      Dear Douglas,
      .
      https://www.youtube.com/watch?v=k9-h4wjRQgk&t=6s
      .
      what do you make of the allegations levelled at JVP funding ?.

      I am truly against DILITH JAYAWEERA, but he is raising a valid point here.

      • 2
        0

        LM: Better KNOW both – the Interviewer and the Host.

        I know both of them. Dilith will bring once again a “Nagaya” from the Kelani River.

  • 8
    1

    It appears to me the Attorney General and the Chief Justice are on a mission to say “thank you” to the Ranil-Rajapakse clan for appointing them to these positions by facilitating and giving the verdict “nidos kota nidahas” to all the crooks of this clan.

    When a new President and his government are formed, an independent presidential commission must be appointed to reexamine the decisions made by these AG, CJ, and other Judges and determine whether they are biased. If so, appropriate jail terms should be given to them.

    Every presidential candidate and political party that wishes to contest the next elections should make this promise to the voters in their party election manifesto.

  • 5
    3

    The recent visit of President RW. to the Northern Province granting Freehold deeds [Urumaya ] distributing Appointments to Teachers and promising to release lands captured by the Army etc appears to have gone down so well that even commentators on these pages have discovered the virtues in RW.
    Now comes another move; Appointing a Tamil CJ. All these are to curry favour to capture the Tamil vote. However RW has said nothing about devolution or the 13thA.
    What RW has done with his visit to the North is precisely what JVP promised in the event of winning.That is equal treatment whether South or West for all citizens.

    But SJB and Sajith have gone one step further. Full implementation of the 13th A.
    Quite risky for them since quite a bit of a chunk of Sinhala Buddhist voters may think twice before voting for them.
    What does the Tamil voter want? A political solution or a few hand outs.
    Some of the Tamil MPs who attended the functions of RW in the North appear to have been swept off their feet.
    Appointing a Tamil as a CJ, IGP, Cabinet Minister etc etc is a drama enacted from day one . Besides voting for RW. means the Rajapakse cabal will live to fight another day.
    Lets change this system. This is what most voters down south of the country also wish. The Tamils will do well to join them.

    • 0
      0

      Plato the philosopher,

      After war, Old Rowdy described this very clearly,
      ” I will use them to destroy them”

      Don Stephen said in a different language.

      “Tell me if the one is Tamil, I will buy that one with a cup of coffee”
      By infusing a little bit of Sinhala-Tamil difference, in the selection of the important positions, a lot can be achieved in the parliament. Read through how a genuine Tamil CJ Sri Pavan was used to defeat the people mandate in 2015. Especially, these the matters I want JVP to explain Sinhalese, which Tamils cannot achieve.

      During the Yahapalanaya’s Secret Solution negotiation, Sumanthiran PC was asking Evil to distribute the presidential authority to provinces. (EP will be removed. In the 2015 September election, 99% of the voters, under this or that demand, voted for the removal of EP. But the criminal parliament covered up without implementing it. If you had forgotten, the CC selection requirement was The White Flag Murderer is to change the constitution, remove the EP, within 3 months, dismiss the parliament and conduct the election as a referendum.) Now the tricky foxy, Evil proposes to transfer EP authority to Parliament. Yahapalanaya wanted to have presidential authorities transferred to the Prime Minister under 19A (I could not connect them chronologically; you need to figure it out.)

    • 0
      1

      But the Tamil CJ SriPavan, refused to allow that part of 19A get passed. (but earlier to and, in the later to 19A, the Sinhala CJs sanctified the 18A & 20A) Siri Pavan required a referendum to take effect. The trick Evil played that time was that as he was the PM he wanted to hijack the presidential authority without winning an election. Now the topic of this essay is Evil cannot win the election. Evil knows that. Modaya Rowdy King had an idea to capture parliament again and do something for the presidential election. So, I wanted the parliament election first. Evil guessing if he has had transferred the presidential power to Parliament, though Anura has high chance of winning election, but after victory he will not have defense and finance authority, (which will be at the hand Slap Party Parliament) so Anura can’t order even changing light bulb to the lampposts on the road, (as described by the Mr. 40% the victory of TNA in NPC in 2013). Sri Pavan’s explanation at that time was, if the EP cannot be removed directly without referendum, which is explicitly mentioned in the constitution, EP cannot be indirectly stripped off and thrown in the road, which had the same effect of removing the EP. Now what? So, you need a new Tamil CJ whom you can buy with a cup of coffee?

  • 2
    2

    Yes, you are correct Plato.
    Is it changing the system OR making the current system work according to the Law and Order of the country AND on real Buddhist philosophy! So many SCAMS & so many extra-judiciary killings torture Rapes have happen over SEVERAL Decades in Ceylon/SL. The various Professionals in the various Government Departments, were SCARED or ready to BEND rules leadind to current status of SL.
    The Singhalese should ACCEPT that their ways suppressing the Tamil Speaking Citizens TOO has contributed to the decline. We need the INTERNATIONAL COMMUNITY to bring in REAL RECONCILIATION. TSC[+ Sensible Sinhala People] are NOT happy with the way the country is being run.

  • 2
    3

    The Tamil Speaking SL Citizens must for the Election Symbol “COMPASS” during the Presidential Election and NOT for the Elephant [Fox RW]. TNA has not been ABLE to get the DUE RIGHTS for the TSC-Tamil Speaking Citizens. The defence Forces + Thuggish unruly Monks are running amok in North and East of the Country. The livelihoods of TSC is being threatened by them. The Security Forces should be barred from running businesses and farming. The ROAD BLOCKS removed as well.

  • 2
    0

    Naman, the NPP is essentially the JVP. They created havoc against 13A. They filed a case in the Supreme Court and had the N-E merger undone. They went to court and got the PTOMS-Post-Tsunami mechanism derailed. They supported MR’s war against our people. Lalkantha told a group of ex-serviceman just a few days back that only they and JHU stood for a military solution of the national issue. A few months back when RW raised the issue if fully implementing 13A, first Harini said they too are for that. Immediately, JVP Secretary Tilwin Silva refuted it.

  • 0
    0

    A Defeated President Cannot Appoint The Chief Justice!

    That is the boon, the theists and atheists are alike begging from God at this time on this Island.
    Thanks, CT, for the piece cares the people!

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 5 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.