The Bar Association of Sri Lanka today called upon De Facto Chief Justice Mohan Pieris to step down from the position.
Mohan Pieris
“At an emergency meeting of the Executive Committee of the BASL, which was attended by close to 90% of its members, it was unanimously decided to issue a statement calling for the resignation of Chief Justice Mohan Pieris in order to preserve the honour and integrity of the Judiciary in view of the grave and continuing damage being caused to the entire Judiciary as a result of the recent events and uncontradicted reports that Mohan Peiris, while functioning as Chief Justice, was at Temple Trees from prior to dawn of 09th January, 2015 at a time when election results were being announced and political and executive decisions were being taken.” Upul Jayasuriya told Colombo Telegraph.
Sun / January 17, 2015
This man has no shame at all. It is believed he should have been watching election coverage sitting with Rajapakshe at Temple trees night of Jan 8th.
Even a fishmonger on the road side earns more respect than this man.
We the right respecting, dignity focusing people will be happy if all will work to the manner the current regime wished it.
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Navin / January 17, 2015
Under comments relating to Articles in CT relating to the Judiciary I have repeatedly suggested this man the cheat justice should be hanged on Galle Face Green witnessed by the General Public and Media.
I know the Government maithriya may be a problem. But like to keep fingers crossed.
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Amarasiri / January 17, 2015
Sun
This Mohan Pieris aka Mohan Pinis, a collaborator pof the MaRa dynasty need to be tried for breaking of any Laws and ethics,Mohan Pieri.
However, in the End They lost…
Do whatever is needed to send him off to Medamulana or other as well..
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Galagedara Chandiya / January 18, 2015
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Upul / January 17, 2015
This cheat’s name will be recorded in the history as the best CROOK ever produced in this country who ruined the Judicial independence.
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ramona therese fernando / January 17, 2015
Upul,
The guy damned the Judicial independence to work for the honor of Sri Lanka’s unique and natural heritage. Guy may get sacked, but will go down in history as the greatest patriot of our ancient civilization, before it became another corporate territory for the US empire.
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dabare / January 17, 2015
I can’t understand the logic of Bar Association’s stand on the CJ.
On the one hand they accept the legitimacy of the appointment of Mr Mohan Peiris as CJ and on the other say that former CJ Dr Bandaranayake is the CJ. This does not make any sense. There can’t Be two CJ’s.
After the PSC findings were declared unlawful by the Supreme Court and the Court of Appeal on 1st and 7th respectively there existed no vacancy in the office of the CJ and Justice Bandaranayaka continued to perform the duties of the CJ until she was forcibly stopped by Police on the day (15-01-2013) Mr Mohan Peiris took a FALSE oath as the CJ.
Mr Peiris knew the law of land as it stood on that day. But he made a FALSE STATEMENT under OATH to perform the office of the CJ according to the Rule of Law. This false statement is not valid in Law and tantamounst to committing a criminal offence.
Therefore, acceptance of the office and any thing done thereafter as CJ by Mr Mohan Peiris has no legal force.
What the Bar Association should do right now is to remove all barriers and make way for the legitimate CJ to resume the functions as the CJ. Mohan Peiris’s resignation from office is immaterial as he hold the office unlawfully.
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Navin / January 17, 2015
Quite right. Mohan Peiris should be bodily thrown out by the lawyers from the Court Premises, Shirani Bandaranayaka should be escorted and installed in the CJ’s Chambers. If the cheat lodges any police complaint, the defence will be that he committed trespass. Laugh people, it is funny!! Several world records will be set up. Guiness entry will be made. Cartoonists will be swooning. Unequallable for eternity.
Declare all actions carried out by Mohan Peiris as null and void. Institute legal proceedings against him to reimburse all salaries and other payments made to him and expenses incurred by the Ministry of Justice to maintain him as usurper Chief Justice.
I guarantee that Police will not prevent the lawyers in their action. I guarantee that the court case will be decided against the usurper.
So, Upul Jayasuriya, it is time to walk the talk. Do you have the balls?
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Yapa / January 17, 2015
In the first place the puppets in the Bar Association should accept the responsibility for total breakdown of the Rule of Law in this country.
The truth is that these self-centred pseudo lawyers let down the CJ Bandaranayake who was unlawfully removed by Rajapakse for the firm stand taken against certain bills (including Basil’s Divineguma) that were inconsistent with the Constitution.
When impeachment of the CJ was ratified by Rajapakse these so-called black-coats declared only 48 hours stoppage of works, because they can’t survive without the taste of blood of the poor litigants.
Thereafter, as if nothing untoward had happened, these pseudo lawyers had the audacity to appear before the cheat Mohan Peiris sitting as the CJ with due credence given and addressing him ‘MY LORD THE CHIEF JUSTICE’.
There is no two truths. The professional body of lawyers should acknowledge the biggest blunder committed by them. Their conduct was truly a blessing in disguise for all sorts of wrongdoings of Rajapakse who then abused his office to undermine the Judiciary as he pleased. Although it is bit bitter this is the plain truth of the whole episode.
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Barbender / January 18, 2015
I quite agree with Yapa. These black-coats in the Bar Association are real invertibrates. They were the ones who allowed the C. J. to function at the post. They struck work only for 48 hours as Yapa states. Evan harbor workers and estate employees continue their strikes more than 06 months. These lawyers have enough savings in banks and yet they can not live one month without fees. They accepted the present C. J. and are now crying to expel him. The Bar Association has only about 3000 members. There are about 12,000 lawyers in Sri Lanka. So the Association does not represent the true feelings of the Lawyers. The inaction of the Association was the main reason that Mahinda passed various harmful laws. Their conduct was blessing in disguise for Rajapakses,writes Yapa. Shirani Bandaranayke too has certain allegations against her and her husband. Until she is absolved from these it is not proper to appoint her as new C.J. It is better to appoint Mr. Sripawan as the new C. J. Then the Tamil people too would have faith on our Judiciary. He is the most seniormost judge in the Supreme Court. I think Shirani B. bypassed him and got the post of C.J. through blessings of Prof. G.L. Peeris and Mahinda. It is like Moosila challanging Guththila. I think most probably Bar association was hibernating at that time!
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Park / January 17, 2015
As JVP mentioned that if President Rajapakse did not leave Temple Trees they will pull him out. Well its time that they pull the “Cheap Justice” also out of Hultsdorf.
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sumanaweera / January 17, 2015
YAPA, I totally agree with your stand.
Had these called black-coats followed the steps of the Pakistan Lawyers, who indefinitely stopped work after their CJ was unlawfully removed that made General Musharraf to recall the CJ, the problem we face today would never have occurred.
I’m sorry to say that, as you said these black-coats are pseudo freedom-fighters with no back-born.
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Phono / January 17, 2015
Your last word is spelt “backbone”; not the way it is pronounced by the natives. The word is not hyphenated.
Tale care!
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Jayaneththi / January 17, 2015
Let’s get on with the problem.
Bar Association may have done something fundamentally wrong. Still, we have to get rid of this Cheap Justice who is an insult to the entire justice system.
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justice / January 17, 2015
The BASL is correct in their demand to Mohan Peris to step down.
But the members of the BASL have so far denied succor to citizens in their most desperate hour of need – when they are arrested, and, when the are interrogated in police stations using methods unique only to sri lanka police.
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sumedha / January 17, 2015
When appear before Mohan Peiris unlawfully occupying the office as the CJ Upul Jayasuriya and Weliamuna address him ‘MY LORD THE CHIEF JUSTICE’.
Why these puppets call him now DE FACTO CJ call him ‘HON’ LORD CHIEF JUSTICE HON’ Mohan Peiris’.
In my view as someone rightly said these cheap lawyers are trying to have a piggyback ride and nothing more than that.
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Pygmalion / January 17, 2015
The Executive President can reconstitute the Supreme Court.This is precisely what JRJ did when he was EP,if I remember right.In the process Hon:Noel Tittawela, Hon:T.W.Rajaratnam ceased to be SC judges overnight.I am not sure whether this is applicable in this case.But one thing is certain; The longer he stays on he is going to damage whatever respect that remains.Two CJJ.made the mistake of hobnobbing with MR:One realised it and is now in a corner sulking[Sarath N.Silva].The SC WAS THE BIGGEST CASUALTY OF THE EP!
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Uthungan / January 18, 2015
The de-jure CJ too was not exactly a saint.She too hobnobbed with MR and attended Namal Rajapakse’s swearing in as an Attorney -at-Law at the time her husband held the position as Chairman NSB.
That said it is the unjust manner ishe was illegally removed what got her sympathy from the general public,the legal fraternity, the entire country and the world at large.
She showed her mettle when she point blank refused the invitation to attend the call by MARA from Temple Trees.
Her problems started then, with her husband getting caught up in a sticky situation at the NSB due to his lack of foresight and experience which was taken advantage of by MR who hounded him out of office.
But whatever said, she was far more decent than the corrupt de- facto Cheat Justice now in the SC.
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Siri / January 17, 2015
Black coats of Pakistan are better, they sent the PM back home. Our black coats are use lessons. This shameless man came through the back door and should be send out through the back door. This Cheap Justice is a bloody shame for the country. Please invetigate his under hand deals with MR.
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Ino / January 17, 2015
The most serious punishment should be meted to the Mohan Pieris who is today regarded as the Cheat Justice.
The reason transcends traditional justice, although it is not suggested that punishment will be illegal.
This man, is not like the Gamaya President from Hambantota who does not know the sanctity of the law, nor ignorant of the noble traditions of the legal profession, nor about the interpretation of legislation. He knew very well he was disqualified from accepting the post because of his relationship with the President as his advisor. He accepted cases for adjudication in which he had a personal interest. He illegally gave a so-called “opinion” which was taken advantage by the thief President to come forward for election for third time. He conspired with a defeated President to remain in power through a coup d’état.
He is unsuited to continue as a member of the legal profession, least of all to hold any position as a Judge. He deserves to be disbarred.
I am sure CT readers can suggest a fitting punishment.
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Peace Lover / January 17, 2015
maybe now Mohan Peiris can find employment in K A Sumanasekeras house as a house boy?
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Botheju / January 17, 2015
As someone rightly said, the cheat Mohan Peiris came through the back door.I can’t understand why the Bar Association representing black coats want this man to return through the front door.
Force him out through the same door, his resignation only matter for him not to the Nation, He should be treated equally and dealt with strictly according to law for the serious crimes committed.
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douglas / January 18, 2015
As I said earlier in a comment “The Removal” of CJ is not an easy task and should not be handled in a “Mad Rush” agenda. The only thing that awaits by all interested parties is the “miracle” of his resignation. I, at this moment do not believe it to happen. This CJ will definitely play his cards well. So better be careful.
I have a ray of hope him to be put on “Suspension”. Already, there is a complaint filed by the Minister of External Affairs to the Police , as regards a “Plot” to disrupt the election results being finalized and put the country under an “Emergency” rule for which purpose a “meeting” was held at Temple Trees – the Official residence of the then President. One among many high ranking personnel of the Government was no other than the present CJ. As per the reports Mr. Ranil Wickramasinghe -the then Leader of the Opposition met him at Temple Trees in the company of the then President Mr. Mahinda Rajapakse and few other politicians. In fact, as reported, RW has questioned CJ as to why and what was he doing there at the meeting.
Now the Attorney General has given permission to the Police to conduct an inquiry into the complaint filed by the Minister of External Affairs. This must be done without further delay and immediately; and record statements from all those present at that “Meeting” at Temple Trees, including the Ex President. If those statements clearly and abundantly reveal, CJ was also present and was a “PARTICIPANT”, he should be taken to task for “Misbehaviour” and bringing “Disrespect” to the “Office” he holds. This can be the “BASIS” to demand his “Resignation” and also think of possible “suspension” until an “Impeachment” if he does not comply. This will not put the present Government in a delicate position of being looked down and subjected to any criticism in the international arena of Justice and will also give the correct vision for maintaining the promise of upholding Law and Order and Rule of Law. In any case this is not as easy as making “protests” and “strikes” to force his resignation. Those very actions do not give an “honourable” standing to any action by the Government.
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shankar / January 18, 2015
Douglas
I agree with you,that is the way to go,but additionally to save time the bar association should also put in a specific complaint to the police about his presence at the alleged coup plot.There should be criminal charges brought about and he should be arrested and charged and imprisoned if a coup can be proved and that he gave advice to break the law and the constitution.The first Cheap Justice to be sent to jail.
If they follow this procedure with the objective to jail him,he will resign all right in double quick time,but they must relentlessly pursue.
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Lanka Watch / January 18, 2015
As Douglas said that its not easy to sack a CJ, without enough proof and It will be another Shirani Bandaranaike case and some day it could be questioned. CID should work harder and sooner to prove that he took part in the alleged coup and when he gets the fear of arrest and imprisonment he will resign on his own, before being charged in a court of law.
He himself being a lawyer, he will know what the correct thing to do
and he will watch the situation for some time and make a decision.If
the CID is faster than him, then we could see him counting bars. He shamelessly brought disrepute to the judiciary for monetary gains.
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Patriot / January 18, 2015
Mohan Pieris has the strength to stay in the CJ position without listening to the demands made by various parties because he knows very well that the present president was also behind removing the ex CJ by voting in favour of the impeachment. Further, the present CJ also knows that the present PM the then opposition leader was not interested either to protest strongly against the impeachment. The present president then voted in support of the 18th amendment too which paved the way for every other undemocratic acts. The then CJ Shirani Bandaranayake fully supported Rajapaksa very obediently by letting him get away with a referendum to pass the 18th amendment. All these people are responsible for the grave situation that the country is in at present. None of these people apologized to the countrymen for supporting these undemocratic actions. Only Rathana thera after leaving the government apologized for the mistake done by him by voting in support of the 18th amendment. Irony is that the present president and the prime minister have to beg this guy(CJ) to resign on his own or else they should sack him through an impeachment and there is no other way get rid of him.
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Pygmalion / January 18, 2015
Douglas.I see your point.His presence could be proved beyond doubt.To prove his PARTICIPATION is quite another,unless the evidence of RW and MARA support this.Besides,will the AG.give a statement to the effect that the CJ.had asked him along with MARA how to overawe the election result? Very doubtful!
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dcnd / January 18, 2015
If CO resigns at least at this late stage it will be OKAY but if he doesn’t what next. Start impeachment process without delay
This also should be within the 100 day programme.
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anti-blackcoat / January 18, 2015
Generally speaking, these black-coats are cheats and they will go to any low level if their finances become fatter and better. They respect no ethics and no action is taken against these cheats even if reported for abuses.
Some comments say that these people should be held responsible for total breakdown of law and order in the country.Despite serious accusations levelled against black-coats so far they have not denied them.
They permitted this CROOK to assume office as CJ and they should take full responsibility for that as they have given him required credence.Now they can’t complain, probably because the crook does not give them enough chances to rob money from their clients.
I think these black-coats should be made to live with this cheap justice the most deserving man for them.
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Douglas / January 18, 2015
Thank you all for arriving at a consensus on the question of this present Cl”s removal. We all agree that it should be handled and done very carefully and necessarily with the participation of the BASL.
Pygmalion: You raised a good question and I would like to provide my thoughts on that. In my opinion, CJ by law and convention has to act at all times and behave in an “INDEPENDENT” manner in all matters pertaining to his functions as well as his “BEHAVIOUR”, in that, even where his “social” interactions are concerned. So, if the CCTV footage shows he has “VISITED” at that time of the day to Temple Trees, and further his “PRESENCE” confirmed by Ranil, MR, the Secretary Mr. Weeratunga, AG, IGP, would be enough to “challenge” his behaviour in the capacity of CJ. Even Ranil, according to report confirms him questioning CJ as to to his “presence” and the reply was, he came to give a “legal Opinion”. By being the CJ and that very “VISIT” and his “PRESENCE” at the official residence of the then President is enough to challenge him and of his “Independence”. If there is “PROOF” of that, he must be given “written” notice of his “DEMEANOUR” forthwith. This is where the Government must “ACT SWIFTLY” and “DECISIVELY” with the help of BASL.
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BBS Rep / January 19, 2015
There was a case brought forward by Dockyard LTD against an importer for not paying duties. Mohan Pieris was complicit in suppressing the case. There was pressure brought upon some officials by the CJ. His actions are tantamount to criminal behaviour. In any other country it is called perverting the course of justice. There is a very good case for bringing criminal charges against Mohan Pieris.
He is beyond shame. This fellow must be sacked at any cost and his criminal activities exposed. He should be charged along with his former bosses.
If we are to make the judiciary really independent, a promise that Mahinda Sirisena made at many a rally and in his manifesto, this man must first be impeached. No ifs and no buts.
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