4 December, 2020

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Breaking News: Chief Justice Filed Action Against PSC Report: Full Text Of The Petition

By Colombo Telegraph

Chief Justice Shirani Bandaranayake has filed action at the Court of Appeal a short while ago, challenging the report by the Parliamentary Select Committee that probed the impeachment motion against her.

Read the full petition here

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Latest comments

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    I hope this huge self inflicted mess created by Mahinda will bring his downfall soon.

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      Great! Way to go Madam CJ! Keep up the good work, stick to your guns, be of good courage and let’s aim to IMPEACH MAHINDA RAJAPAKSE!
      Mahinda Rajapakse and his corrupt court of family and military business cronies and politicians must be held accountable and their immunity and impunity stripped. The judiciary and principles of NATURAL JUSTICE AND DUE PROCESS are of a higher order than any legislature or parliament full of political thugs and clowns – contrary to what the disgraceful Vasudeva Nanayakkara, the dead leftist politician who has sold his soul for a mess of pottage may say.
      MR’s corrupt and criminal brothers, and the clowns and thugs of the Kangaroo Court in the Diya-wenna Parliament’s PSC must go – they have caused great harm and disrepute to the sovereign people, the judiciary and legislature of Lanka and must be impeached and/or forced to resign!

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        Hats off to you Madam CJ and to Neelakandan and Neelakandan the law firm of integrity, courage and principle, for turning the tables on the corrupt political clowns of the PSC and the Rajapakse dictatorship that is ruining Lanka and destroying its democratic institutions once again – much like the dictator V. Prabaharan!
        Shame on Ranil Wickramasinghe and the so-called UNP opposition for its monstrous silence rather than educating the people on Dictator Rajapaksa’s violation of Natural justice and due process in the Kangaroo Court.
        This multicultural team pf legal luminaries and professionals will save the Sinhala Nationalists from themselves, and Lanka from the rapacious and murderous Rajapakse brothers in the end!

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        Thank God, Lankan professionals and civil society are meeting the challenge to save the country from the corrupt politicians of the Diya-wenna Parliament – headed by the two dictators: Mahinda Rajapassa and the knave Ranil Wickramasinghe.

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          What you say about both these are very true. They will both be swept aside by the same torrent “public opinion and activism”, as they two faces of same coin and people with common sense don’t trust either of them any more, all.

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        The stature of the judiciary is rising at the cost of parliamentary authority!
        Parliamentary authority is sinking beneath the weight of the corrupt executive and his equally political stooges, 117 of whom signed the impeachment motion without reading it and several of whom ran a Kangaroo Court called a PSC.. The level of the legislature is at an all time low mainly due to executive interference.
        The corrupt executive has brought great harm to the country and its democratic institutions. Lets hope the judiciary reverses this trend.

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    The sword of Justice shining

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    Why is it that always it is the Deputy Speaker who gives press conferences about the impeachment ? Why is Chamal not doing so ?
    None of them signed the impeachment motion. Are they trying to show they are saints ?

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    I feel sorry for MR who is entangled in a real mess. Probably the ‘one’ who is craving for the office of the CJ and his ‘team’ has made things really worst and helpless for MR. Apparently they thought that the CJ would run away when the impeachment process was initiated against her. But she had the courage to stand against the grossly unfair treatment meted out to her. Still the people of this country denied an opportunity to learn about the bonafide of the allegations made against the CJ. Probably the Cj may be innocent, one cannot take a such a bold step to stand against the whole establishment otherwise. Now the whole thing has turned the other way round. Without making vulgar allegation against the legal fraternity at least now MR should face the reality and should prove his credibility in the first place and learn to practice what he preach to the people without making groundless allegations against whose who show dissent against the undemocratic strategies adopted by the MR regime not for the social justice but for ‘private’ gain.

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    Way to go Ma’am!

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    MR is not the peron to accept defeat. That is why he is playing for time with his antics. At the end he will make PSC chair the scape goat and escape
    Srinath

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    MR opened pandora’s box.Win or lose,disastrous for peace loving
    people.

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    This is a very comprehensive petition which spells out the unlawful nature of the PSC conduct and details answers to the purported charges of guilt.

    Can PSC and Parliment conduct themselves in this manner against the constitution and standing orders of parliment? This is what happens when ignorant idiots try to do the job of qualified professionals.

    “He knows nothing; and he thinks he knows everything. That points clearly to a political career.” ― George Bernard Shaw

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    Desperate attempt by a desperado.

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      Srilal, didn’t you notice this imposter. She is the same old discarded coin “Leela”. Leela, why don’t you ask your God Father to give some money to buy another computer. Tell him, one is not enough as CT is very clever and Srilal is following all the symbols.

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        Ronny,
        Idiots do not know that one could use the same computer, yet have any number of different emblems. Why should I tell the fools how to do it. I use the same emblam for I want you lot to know, its me, stupid.
        Leela

        Now see the comment below.

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        Ronny,
        Only idiots think they have to buy a computer to change the emblem. How’s this for a change, you stupid sod?
        Leela

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          It looks as if now the God-father has given money to buy a computer to change the emblem. Also you prove yourself that you are the “Depositor”, Leela, etc. etc. I didn’t know that you are so stupid and idiotic.

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        (Going to ask thive’s mother about the job) Horage ammagen pene ahannai yanne

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          Depositor,Leela,Observer,this emblem that emblem,now the
          clowns going mental?

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    A Sri Lankan Iron Lady in the making!

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      Please change it to “GOLDEN LADY” if you too accept that the present CJ is innocent, very brave, gracious, genuine, honest, highly qualified, fit to be the President of Sri Lanka and more than anything, she displays a genuine innocent and a very attractive Sri Lankan SMILE.

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    Tilakawardene’s role in this sorry episode of jealousy against the Chief Justice, also a woman, has been fully exposed in the petition.

    Apparently she had met the Watawala Commissioners secretly in chambers during the hearing of the Ceylinco case and the other judges were all unaware of this and has refused to sit with her, from her own evidence before the PSC. Hats off to the CJ’s lawyers for having the courage to put th plain facts so bluntly and boldly. I never had much respect for the lega profession until now.

    This is the Tilakawardene who calls herself a feminist. Well, if these aare feminists, god help women!

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    This action filed in the Appeals Court is bound to expose many issues that need clarification on the issue of balance of power between the executive, legislature and judiciary, in addition to addressing the issue of the supremacy of the highest courts in upholding the rule of law.

    I think what is unfolding is the catharsis our country needed after 64 years of opportunistic and unethical governance, which was supported at most times by a supine and equally unethical higher judiciary. Respect for the law and accountability has to underpin governance in any civilised country, if it is to justifiably claim to be democratic. True democracy is beginning to emerge in Sri Lanka after sixty decades of having been a caricature and a charade. This God-given opportunity should not be frizzled.

    Dr.Rajasingham Narendran

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      Dr Narendran

      I’m flabbergasted! You have been defending every action of the ruthless Rajapakse brothers until this very moment. Now you are talking about emerging democracy, clean governance, respect for law etc etc….are you having a verbal diarrhoea in panic? Are you worried your Ranapakse masters are going to vanish soon. Please have your head CTed!!

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        I have always said that the problems In Sri Lanka can only be overcome by practicing democracy in its true sense, underpinned by good governance and rule of law. I will still praise the Mahinda government for ending the LTTE as a menace and the good work it did on the post-war front. The infra-structure development projects, the urban developmement projects ,the agriculture development projects and the tri-lingual policy have to be praised, among many positives . However, downgrading a constitution that was ill-conceived at birth and badly abused thereafter and being progressively strangled now, needs to be vehementally condemned. The all too visible signs of arrogance in the exercise of power that is manifesting with increasing intensity has to be condemned. The excessive politicisation in the country under this government has to be condemned. The emerging syndrome of ‘ We are the people and know what is good for all of us’ in the corridors of power needs to be condemned. The resort to misinformation using a kept media and staged drama using kept politicians and hired actors,needs also to be vehementally condemned. The uncivilised and unrestrained behaviour manifesting as a public spectacle in the CJ episode has to condemned specifically and as a symptom of a wider malaise.

        Condemnation is not a demand for a change of government, but a demand for changes in governance! This is one aspect of the checks and balances that should be live and kicking in any democracy. This is an expression of public opinion in an enlightened manner, in a democracy. What needs to be praised has to be praised, while what needs to be condemned has to be condemned. Praise does not make a concerned citizen the keep of the government in power and criticism does not make the same citizen an enemy of that government! This is the right of every citizen, who is not a committed party member or cadre.

        Dr.Rajasinogham Narendran

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    What I see now as President and Parlimnet having so many corruaption chargres since JRJ came power since 1978.Corrupation of Politics in every means and ways system of democracy has come dead end.
    We have to seek new path of democracy and developement,but indeed I was surprise how Chief Justice was involvemt of corrupation alligation are very serious and having concerated fact-in law.
    By the way corruaption had been penetrated into Superem Courts judges and RULE OF LAW in soil.
    Now CJ has move to challangeing Sovergnity of Parliament?
    This is unsuual situation not only power stuggle between THREE COMPAMENTS STATE,is moveing undermine nation overall code of Discipline and law and order of Nation.Problem is very very serious,its going created uncertaintes and instablities in alliance of soiacl classes and foundation of anarchsim of democractic order of Sri Lankan.
    This is on the other hand continutaion of 30 years war in DIFFERANT FORM OF LEGAL TERRORISM against soverginity right of ELECATED PARLIMENT.
    If CJ’s in fact denied of democracy, will be leads undermine sovering of people electoral verdit of governmnt formed.The people choice in elecation become invalid,mean plitical power grows out of barral of GUN Culture.

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    WELL DONE NEELAKANDAN, WHATEVER VP TRIED TO DO WITH ARMS AND FAILED, YOU HAVE TAKEN UP WITH PEN & PAPER. YOU WILL DEFINITELY OPEN THESE IDIOTS BRAINS. WAITING TO SEE THE END OF THESE GOONS, HOOLIGANS, RAPISTS, MURDERERS, THUGS, DRUG DEALERS, CHILD MOLESTERS,SENT BACK TO THEIR HUTS IF THEY STILL EXISTS AFTER THE RAINFALL AND FLOODS.

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      Yes Danny boy,the choice of Neelakandan for the play is a
      master move.What a combination and timing.

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    All this,just because Basil R was denied Rs 80 Bn worth of peoples’ money to do as he pleases!
    The President speaks of his ‘conscience’.
    Does his conscience ever tell him that his Original Sin of depositing donations for the aid of survivers of the tsunami in his own Hambantota Account was despicable, and that he escaped because the then CJ Sarath N Silva decided to give a wrong verdict – as he has admitted since ?

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    This petition has been filed by the highest Judge of the Sri Lankan Judiciary. Therefore the Lawyers appearing for this case and who have drafted this petition have to be the best Lawyers in Sri Lanka.

    However I wish to draw your attention to following paragraphs of the petition,
    Paragraph 3 a {a}
    3 c
    44
    45 and the Sub Heading of paragraphs 44,45 and 46.
    Paragraph 3 a(a)refers to Hon.Anura Priyadarsana Yapa who is the 2nd respondent. As per paragraph 3c the Chairman of the committee is Hon. Nimal Siripala de Silva the 3rd respondent. As per Sub Heading of paragraph 44,45 and 46 the Chairman of the Sub Committee is 2nd respondent Hon. Anura Priyadarsana Yapa. As we have seen in media the Chairman of the Committee is Hon.Anura Priyadarsana Yapa. Therefore it appears that the paragraph 3 c is incorrect.
    If CJ with her best Lawyers can make mistakes like this when drafting an important petition of this nature it gives us room to think that she may have made mistakes when filling the Assets and Liabilities Forms as well.

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      Mr. wijeratne,

      I copy para 3 (upto section 3) of the rel. doc. for your kind information. I hope you will read again and judge for yourself.

      good luck when you write/make opinions next time!!

      3.
      (a) The Petitioner states that:
      (a) the 2nd Respondent is a Member of Parliament for the Kurunegala District representing the United People’s Freedom Alliance and a member of the Cabinet of Ministers holding the portfolio of Minister of Environment.
      (b) the 3rd Respondent is a Member of Parliament for the Badulla District representing the United People’s Freedom Alliance and a member of the Cabinet of Ministers holding the portfolio of Minister of Irrigation and Water Resources Management and is the leader of the House of the Parliament.
      (c) the 4th Respondent is a Member of Parliament for the Colombo District representing the United People’s Freedom Alliance and a member of the Cabinet of Ministers holding the portfolio of Minister of Petroleum Industries

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    K L L Wije. Even the best team require time to make sure mistakes and typos are avoided in such a large document. The truth is that it was decided last moment to file this action before the court vacation. The whole thing was drafted by a terrific team within 8 hours and put together thereafter by N&N. We need to appreciate that such a detailed well drafted plaint was prepared with thousands of annexed documents within such a short span of time.

    No one else could have done this. She has no doubt chosen the best team of Counsel and Instructing Attorneys!

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    Mr/Ms. wijeratne ( sorry about previous one with typo errors) ,

    I copy para 3 (upto section C as your main point is around section 3C) of the rel. doc. for your kind information. I hope you will read again and judge for yourself.

    lot of luck when you write/make opinions next time!!

    3.
    (a) The Petitioner states that:
    (a) the 2nd Respondent is a Member of Parliament for the Kurunegala District representing the United People’s Freedom Alliance and a member of the Cabinet of Ministers holding the portfolio of Minister of Environment.
    (b) the 3rd Respondent is a Member of Parliament for the Badulla District representing the United People’s Freedom Alliance and a member of the Cabinet of Ministers holding the portfolio of Minister of Irrigation and Water Resources Management and is the leader of the House of the Parliament.
    (c) the 4th Respondent is a Member of Parliament for the Colombo District representing the United People’s Freedom Alliance and a member of the Cabinet of Ministers holding the portfolio of Minister of Petroleum Industries

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    Regrettably, I don’t see any justice for CJ. But thanks to this case we able to know deals under the table.. The president him self committed regarding NSB case, no one accused for wrong doing but case was closed. As a president shown that I don’t care the law when its affecting us!. Former CJ’s deal of Tillium flat and relations to the bribery commissioner. Act of HC judge Ms S T. what else need to prove that we were having jungle law!!!
    GL Tring to persuade international community regarding gov. process as correct. Poor laundryman doing this as kudu Silva and panchauda taken the steer campaigns.
    Finally we will show our naked to whole world as mirecle of Asia. Pruod to be other record holder title” world second and first in Asia.. “

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    I think Mr. Wijeratne is correct. Please refer page 4 (a sub para of 3 is stated as (c)) in which it is stated ” (c) The 3rd Respondent was the Chairman of the Select Committee purportedly appointed by the 1st Respondent in order to investigate purported charges against the Petitioner in order to impeach the Petitioner”.

    NOTE: the 3rd Respondent is named in page 1 under 3 (a) sub para (b) as “the 3rd Respondent is Member of Parliament for the Badulla District…………….and is the leader of the House of Parliament”.

    I don’t think there will not be a problem of amending this statement.

    Mr. L.K Perera – Please refer to above and see whether Mr. Wijeratne is correct or not. I think he is correct.

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      yes, thank you for that. and, as someone wrote this and other mistakes, such as referring to the PS “committee” as “The Tribunal” can be corrected, I hope.

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    Mr.L.K.Perera
    Thank you for reading my comments and expressing your opinion. You must read and understand properly before making any comments.By your second opinion your are trying to cover up your mistake. Please note that you cannot edit the original document, in this case the petition,to prove your point. In the petition paragraph 3 sub para (c) is not in capital letter. Please read Mr Douglas’s comments as well.

    So Mr Perera do not jump into conclusions without understanding properly and I hope you will make your comments on anything in future after understanding it properly. I wish you and your family a happy New Year.

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      Mr. W,

      as you can see, 2 min before your valuable suggestion appeared I wrote thanking douglas for that. Now I have to still wish you a New Year. I could admit to it, before you pointing out and you couldn’t figure out your shortcoming. Good luck in new Year in passing judgments and making arguments based on one doc (write appl.) & another ( assets decl.). there are still a few days and hours days before the new year, and the doc has enough material on assets decl. so I hope my wish will come true.

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    Mr.L.K.Perera
    Thank you for reading my comments and expressing your opinion. You must read and understand properly before making any comments.You have made your first comments without reading my comments and the petition carefully and understanding the contents properly.By your second opinion you are trying to cover up your mistake. Please note that you cannot edit the original document, in this case the petition,to prove your point. The numbering of sub paragraphs in paragraph 3 of the petition is not in capital letters as you are trying to show.They are in simple letters. Therefore the reference I have made in my comment is correct.Please read the comments made by Mr Douglas as well.

    So Mr Perera do not jump into conclusions without understanding properly and I hope you will make your comments on anything in future after understanding it properly. I wish you and your family a happy New Year.

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    Well done Neelandankanda!! Hats off to you! You have the brass so fight it to the end and don’t let MR off the hook! He and his cronies must be taken to task and held accountable for all their crookery, and wasting tax payers money. Good on you!

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