By Colombo Telegraph –
In a new development, the appeal filed against the relief given by the Appeal Court to Chief Justice Dr. Shirani Bandaranayake which as reported yesterday was listed before a bench presided over by de facto Chief Justice Mohan Pieris was today (14.02.2013) moved suddenly to a bench presided over by Justice Shiranee Tilakewardane. Tilakewardane was the only witness whose evidence was suddenly led against Bandaranayake without her knowledge and in her absence in the widely condemned proceedings of the Parliamentary Select Committee appointed by the Rajapaksa regime. This was after Bandaranayake and her lawyers had been told that no evidence of witnesses would be taken and no cross examination would be allowed.
Justice Shiranee Tilakawardane
Case number SC (Special) LA 23/2013 was in this way taken up in Courtroom No. 403 before Justice Shiranee Tilakawardane, Justice Chandra Ekanayake and Justice S. Hettige (PC) today. Interestingly, Dr. Bandaranayake who had not been noticed. Therefore she was absent and no lawyer appeared for her.
In this way the appeal was fixed for 05.03.2013 with notice to be sent to Bandaranayake, which The Colombo Telegraph learns is the same date that SC (FR) 23/2013, another case filed independently by the Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu challenging the legality of Mohan Pieris exercising the functions of the Chief Justice is to be taken up. Pieris is the 6th respondent in that case.
The two cases have in this way been fixed for the same date, without the involvement or agreement of the lawyers appearing for Bandaranayake.
It now remains to be seen whether the two cases are sought to be tied up together or one made dependent on the outcome of the other. Neither the lawyers for Bandaranayake nor lawyers for the CPA have agreed to the two cases being taken up together. In fact, it seems that the listing of the two cases for the same date has now been secured without knowledge or participation of either set of lawyers.
In the CPA case, lawyers have clearly taken up the position that only a full bench could properly hear the case, since Pieris as the 6th respondent cannot play any role in selecting judges to take up a case that challenges the validity and constitutionality of him occupying the Chief Justice’s place in the country’s judicial system.
In the meantime The Colombo Telegraph learns through reliable sources close to the regime who spoke on strict condition of anonymity that tremendous pressure is being applied on some judges to get them to decline to hear the matter citing personal reasons. The sources said they have been promised they will not be witch hunted for past independence but considered for future benefits if they cooperate in this way and pave the way for a bench that would definitely hold in favour of the regime.
Related posts;
Beneficiary Mohan P Lists Appeal From Judgement Of AC In Favour Of Shirani B Before Himself
Mohan Pieris Tries To Select A Bench To Hear Case Challenging His Own Appointment- Lawyers Object
Case Against Mohan Pieris’ CJ Appointment Fixed Before Three Judges Despite Motion For Full Bench
Safa / February 14, 2013
Even Judge ST should not be able to sit as she was involved in giving evidence before the PC on the impeachment. She did so in her privete capacity without clearance from the JSC which makes her an interested party. Hence she should withdraw from the bench.
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mike / February 14, 2013
I concur. Judge SHI-T should not sit. She should withdraw from the bench forthwith??
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P.B / February 15, 2013
This lady is [Edited out] no doubt about that. She was wispy washy about giving a judgement against Cabral s mis deeds in the GK case. She dragged it on , and tried to give a settlement that favored her friends.
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Citizen / February 15, 2013
Having known that the list of witnesses and documents were not submitted to Defence Counsel for Dr.Shirani Bandaranayake, this lady has given evidence after they have left. Isn’t it ridiculous that Justice Shiranee Thilgawardena hearing this? Now how do they want to clear the conglict of interest? SC of Sri Lanka has become a joke.
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gamini / February 14, 2013
O tempora! O mores!
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justice / February 14, 2013
The regime is determined to sabotage the case against the appointment of Mohan Peiris as CJ.
Listing two cases on the same matter,without informing plaintiffs beforehand,so that they cannot object,is plain sabotage.
How can citizens have confidence in such a Supreme Court?
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Dr.Rajasingham Narendran / February 15, 2013
Having read the transcript of Justice Shiranee Thilkawardene’s evidence at PSC, I understood she had exposed the role of the present governor of the CB on the Golden Key issues. I did read anything adverse evidence against CJ Shirani Bandaranayake. Didi I miss something? If she did not give evidence either in favour or adverse against CJ Shirani B , what is objection to her being a judge to hear the petitions under discussion?
Dr.Rajasingham Narendran
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Kalu Nangi / February 16, 2013
You are right! In this country, people seem to jump to conclusions without checking facts. Justice Shiranee T is one of the most impartial and independent judges who does not fear to speak the truth. Thank God, we have in the Supreme Court!
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Patta Pal / February 15, 2013
It is this kind of action that all the fuss is about, in case any person with common sense happened to be wondering why it is that Sri Lanka is referred to as Banana Republic, and its Govt. reps and appointees sycophants referred to as the flaccid bananas within that republic!
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Noble Sri Lankan / February 15, 2013
Nobody now seems to be interested in Shirani B who was a cat’s pow for those who tried to destabilized the country. that poor lady now left without the pension thanks to the so called Human Rights activists. Is Colombo Telegraph eyeing on sombody else. As the readers of Colombo Telegraph we have noticed the double standard of the web. If one go back to August November of 2012 one could see the number of articles published by CT against Shirani B and her husband even to the extent threatning Shirani B to resign. You can fool the fools forever but not the wise men.
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Park / February 15, 2013
This women who gave evidence has major conflict of interest to sit on this case. She being a judge should know how the world is going to judge her actions. I am surprised that educated judges like this women does not have self respect or any dignity. What a shame. I strongly recommend that the international jurists should not invite her or take part in any event which she takes part.
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Senguttuvan / February 15, 2013
That the once impartial and respected judicial system in the country is now a thing of the past has been clear in the past few years. When did we see our respected judges play cheap politics coming out to the streets joining mobs lead by drug-traffickers, contract killers, murderers and the like. Breaking coconuts in the precincts of the Supreme Court ????
“…tremendous pressure is being applied on some judges to get them to decline to hear the matter citing personal reasons ….”they will not be witch-hunted for past independence but considered for future benefits if they cooperate in this way and pave the way for a bench that would definitely hold in favour of the regime…….”says the CT comment ????? What does BASL and other lawyers’ associations have to say to this outrageous development.
Do we need to hear more?
Senguttuvan
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