By Colombo Telegraph –
“It is therefore apparent that these charges are baseless and groundless. It is a pity that the Chief Justice’s reputation has been adversely affected. We hope that with the true facts being revealed, the public will realize the evil perpetrated on her.” says Chief Justice Shirani Bandaranayake‘s lawyers in her interim reply.
CJ
WE publish the full text of the interim reply given by the Chief Justice.
The charges are groundless and baseless. There has not even been an iota of consideration of the facts before the resolution was signed or placed on the Order Paper. The charges are levied to damage the reputation of an independent and fearless judge. The true facts illustrate the above.
CHARGES RELATING TO FINANCIAL IMPROPRIETY
PURPORTED CHARGE 3
“Whereas, by not declaring in the annual declaration of assets and liabilities thatshould be submitted by a judicial officer, the details of approximately Rs. 34 million in foreign currency deposited at the branch of NDB Bank located at Dharmalpala Mawatha, Colombo 07 in accounts 106450013024, 101000046737, 100002001360 and 100001014772 during the period from 18 April 2011 to 27 March 2012.”
The Charge is groundless and baseless.
In summary Dr. Shirani Bandaranayake’s position is as follows:-
There was no deposit of Rs. 34 million in foreign currency as alleged in the charge.
Dr. Bandaranayake’s sister remitted from Australia the equivalent of Rs.29,688,225.38 for the purchase of a housing unit at trillium residencies.
Out of such sum, a sum of Rs.27, 987,200/- was remitted to the vendor by cheques in connection with the purchase of the housing unit at trillium residencies.
The above sum of Rs.29,688,225.38 was not an asset of Dr. Shirani Bandaranayake.
Of the balance, a sum of Rs. 1,000000 was remitted to Dr. Bandaranayake’s sisters’s account.
The balance Rs. 800,000/= was retained by Dr. Shirani Bandaranayake to be used as per her sister’s instructions to be utilized for other purposes including the annual almsgiving in memory of their parents.
Though not an asset in her declaration of assets and liabilities, Dr. Shirani Bandaranayake declared a sum of Rs.10,061,819/31 as “holding on behalf of my sister to pay for the apartment” [this was the only sum held by Dr. Bandaranayake for her sister as at 31.3.2012 and it had been declared].
In the circumstances,
(a) Dr. Shirani Bandaranayake did not receive a sum of Rs.34 million as alleged in the charge;
(b) the only sums received from abroad aggregated to the equivalent of Rs.29,688,225.38 which she received from her sister for the purchase of the apartment..
(c) of this sum, a sum of Rs.27, 987,200/- was remitted to the vendor to purchase the apartment;
(d) a sum of Rs 1,000,000/= was credited to her sister’s account; the balance was retained as per her sister’s instructions for expenses.
(d) Dr. Shirani Bandaranayake had declared the full sum held by her on account of her sister as at 31.3.2012 in her declaration of assets and liabilities [that is a sum of Rs.10,061,819.31].
In the circumstances the purported charge that she did not declare Rs.34 million in her declaration is groundless, baseless, frivolous and malicious.
PURPORTED CHARGE 2
“Whereas, in making the payment for the purchase of the above property, by paying a sum of Rs 19,362,500 in cash, the manner in which such sum of money was earned had not been disclosed, to the companies of City Housing and Real Estate Company Limited and Trillium Residencies prior to the purchase of the said property.”
The Charge is groundless and baseless.
The sum of Rs.19,362,500/- was part of the purchase consideration of the housing unit referred to above.
This sum (Rs.19,362,500/-) is included in the aforesaid sum of Rs.29,688,225.38 remitted to our client by her sister for the purchase of the housing unit referred to above.
This sum of Rs.19,362,500/- is also included in the sum remitted to the vendor for the purchase of housing unit.
This sum of Rs.19,362,500/- never belonged to our client.
PURPORTED CHARGE 4.
“Whereas, by not declaring in the annual declaration of assets and liabilities thatshould be submitted by a judicial officer the details of more than twenty bank
accounts maintained in various banks including nine accounts bearing numbers
106450013024, 101000046737, 100002001360, 100001014772, 100002001967, 100101001275, 100110000338.”
The Charge is groundless and baseless.
In summary Dr. Shirani Bandaranayake’s position is as follows:-
- Dr. Shirani Bandaranayake has dealt exclusively with NDB Bank from 2010
- Account number 100101001275 was closed on or about 9.10.2008.
- Dr. Shirani Bandaranayake has been informed that the NDB as per its banking practice changed the account numbers by allocating new account numbers to its constituents.
- In pursuance of that practice of the NDB Bank, Account numbers 100001014772, 100110000338, 100121001797, 100124000238, 100002001360 and 100002001967 had been changed of the NDB Bank, and new account numbers had been allocated before 31.3.2012.
- Consequently of the 9 account numbers mentioned in purported charge No.4 only 2 account numbers were in existence as at 31.3.2012 and those 2 account numbers have been declared.
- Thus it is incorrect to say that :
(i) Dr. Bandaranayake had 9 accounts.
(ii) That these accounts have not been declared.
- All other operative accounts in NDB Bank having assets have been declared.
- Dr. Shirani Bandaranayake has no operational accounts in any other bank.
- Dr. Shirani Bandaranayake has not been provided with details of the other alleged 20 accounts and/or other banks in which these accounts are said to be.
PURPORTED CHARGE 10
“Whereas, the Supreme Court special rulings petition No. 02/2012 filed by the institution called Centre for Policy Alternatives to which the Media Publication Section ‘Groundview’ that had published an article of the Hon. (Dr.) (Mrs.) UpatissaAtapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake, while she was a lecturer of the Law Faculty of the University of Colombo prior to becoming a Supreme Court judge, has been heard and a ruling given.”
The pith and substance of the charge is that Dr. Bandaranayake favoured the Centre for Policy Alternatives [CPA], because of the publication of an Article in Groundviews [a CPA publication], in which she was interviewed at the Law Faculty.
1. This purported charge is baseless, groundless and false.
2. Dr. Shirani Bandaranayake has been reliably informed that Groundviews, a media publication of the CPA, came into existence in or about 2005-2006, long after Dr. Shirani Bandaranayake ceased to be a lecturer of the Law Faculty.
3. Thus the purported charge is ex facie wrong.
4. Moreover, Groundview has not published an article written by Dr. Shirani Bandaranayake.
5. Petition SCFR 2/2012 was not filed by the CPA.
6. It may be of interest to note that
(i) The CPA challenged the proposed 18th Amendment to the Constitution.
(ii) The Bench of the Supreme Court presided by Dr. Bandaranayake dismissed the case of the CPA.
Thus, and at all times, Dr. Bandaranayake has never shown any affinity to the CPA or to anyone else.
CHARGE RELATING TO THE JUDICIAL SERVICES COMMISSION.
PURPORTED CHARGE 6
“Whereas, despite the provisions made by Article 111H of the Constitution that the Secretary of the Judicial Service Commission shall be appointed from among the senior judicial officers of the courts of first instance, the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake acting as the Chairperson of the Judicial Service Commission by virtue of being the Chief Justice, has violated Article 111H of the Constitution by disregarding the seniority of judicial officers in executing her duties as the Chairperson of the Judicial Service Commission through the appointment of Mr. Manjula Thilakaratne who is not a senior judicial officer of the courts of first instance, while there were such eligible officers.”
This Charge is groundless and baseless.
- These purported charges deal with decisions taken by the Judicial Services Commission.
- The Judicial Service Commission consists of the Chief Justice (the Chairperson) and two other judges of the Supreme Court as Commissioners.
- All decisions are taken by the Judicial Service Commission.
- All decisions of the Judicial Service Commission (after Dr. Shirani Bandaranayake had become Chief Justice) had been unanimous.
- In the circumstances no decision has been taken by Dr. Shirani Bandaranayake alone.
- The charges therefore deal with the decisions of the Judicial Service Commission and not of Dr. Shirani Bandaranayake.
- In circumstances the purported charges cannot amount to misbehavior on Dr. Shirani Bandaranayake’s part in terms of Article 107 of the Constitution.
This Charge is groundless and baseless.
- The following appointments as Secretary Judicial Services Commission [JSC] have been made in the past:-
| Name | Date | Seniority | Remarks |
| Mr. M. P. De Silva | 4.12.2009 | 19 | Appointed by the Judicial Commission chaired by J.A.N. de Silva, CJ |
| Mr. R.A.P.W. de Silva(brother of the then Chief Justice J.A.N Asoka de Silva) | 15.07.2010 | 25 | Appointed by the Judicial Commission chaired by J.A.N. de Silva, CJ |
Mr.Manjula Thilakaratne
- The officers of the JSC are
(i) Secretary to the JSC
(ii) Deputy Secretary to JSC.
(iii) Assistant Secretaries to JSC
- 16/3/2010 – Mr. Thilakaratne was appointed as Senior Assistant Secretary by the Judicial Service Commission chaired by the then Chief Justice. Hon. J.A.N. de Silva.
- 22/7/2010 – Mr. Thilakaratne was appointed as Deputy Secretary JSC by the JSC chaired by the then Chief Justice. Hon. J.A.N. de Silva.
- 29/3/2012 – Mr. Thilakaratne was appointed as Acting Secretary JSC by the JSC chaired by Dr. Shirani Bandaranayake.
- 10/5/2012 – Mr. Thilakaratne was appointed Secretary JSC by the JSC chaired by Dr. Shirani Bandaranayake.
Seniority
- As at 10/5/2012 : –
(i) The JSC recommended 11 District Judges/Magistrates to be appointed as High Court Judges.
(ii) 3 District Judges/Magistrates were on long overseas leave.
(iii) 3 judges have been appointed as High Court commissioners and were functioning in theEasternProvincesince they were conversant in the Tamil Language
- In the circumstances the aforesaid 17 judges could not be considered as secretary JSC.
- In addition, 3 judges have not been promoted as per the decision of the Judicial Service Commission chaired by the then Chief Justice. Hon. J.A.N. de Silva.
- Thus in effect as per the judges available for appointment as Secretary, Mr.Thilakaratne was 6th in the order of seniority.
- Unlike any of the aforesaid judges Mr. Thilakaratne had functioned as an officer of the Judicial Service Commission from 16/3/2010 and was familiar with the working of the JSC and consequently he was the most suitable candidate.
- However, even if no Judge was excluded, Mr. Thilakaratne was 26th in the order of seniority. Whereas : –
(i) when Justice Asoka de Silva’s brother was appointed Secretary JSC, he was 25th in order of seniority; and
(ii) the previous appointee was 19th in order of seniority.
It is therefore apparent that these charges are baseless and groundless. It is a pity that the Chief Justice’s reputation has been adversely affected. We hope that with the true facts being revealed, the public will realize the evil perpetrated on her.
Related news;
Breaking News: Here Is the Full Charge-Sheet Against Chief Justice
Safa / November 24, 2012
It is good that the baseless nature of these charges have been revealed and the people of Sri Lanka can judge who is in the right and who is in the wrong. There is no need to hide the facts when the accused has nothing to hide. It seems taht the Accusers have a lot to hide not the Accused.
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Sofia / November 24, 2012
How would it be, if all the signee on the bill from the parliament woudl also reveal each of them their assets – how and what they have been ( for me Keheliya, Mervin and few others are for sure – truly abusive personalities). Even MR´s accounts should be brought before the nation if he is at all clean – as his mouth confirms.
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Holly man / November 25, 2012
Cj has given a clean picture of her reply to the charges; we have to believe of what we read? How curtain can it be? I am sure convenienced… And so does all the readers. Now we also like to see declarations of assette and bank details of so called innocent Ministers who signed the document bill…
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Simhi / November 24, 2012
NeelaKhanta is a MR plant
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Piranha / November 24, 2012
What is the evidence to your comment?
The CJ’s defence team comprises Sinhalese, tamil and muslim members of the community. I commend her faith in Sri Lankans of all races to stand up and defend her honour and integrity.
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Anti-Boru / November 24, 2012
This response and any others conclusively disproving the fraudulent allegations against the Chief Justice (or anyone else, for that matter) will be a complete waste of time because this is not about truth or justice. This is just a Parliamentary lynching by the acolytes of the most despicable government this country has EVER experienced. This is not the first and it is certainly not going to be the last of its kind. As long as Sri Lankans continue to act as monumental invertebrates this kind of thing will NEVER cease!
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Wuliangguobinjiu / November 24, 2012
Power is not a means, it is an end.
A Tyrant does not establish a Dictatorship in order to safeguard a Revolution;
A Tyrant makes the revolution in order to establish the Dictatorship.
-George Orwell
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kumudini / November 26, 2012
This is a case where she has to defend herself . Instead she is quoting precedences ie Asoka De Silva’s error of judgement to think she can get away with it if she quotes a precedent . Two wrongs do not make a right . The very fact that she is quoting Asoka De silva shows she is losing the plot already.
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justice / November 24, 2012
The CJ should be exonerated of all charges if all above averments are true and correct.
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Ranjith Panamulle / November 24, 2012
Please put your comments in English – CT
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Norman Goonetilleka / November 24, 2012
We have gone back to the days of the Kandyan Kingdom when the King’s word was law.Any one who went against were pounded, lynched or tortured to death. Long live the King
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Wuliangguobinjiu / November 24, 2012
The wriing is on the wall from the outset.
This is just the tip of the iceberg.
In a Graft Nation of Tyrants the Juniors in the Judiciary will finally get Promoted with the ousting of Banda and that’s always the norm.
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AMT / November 24, 2012
Yesterday GLP blamed the UN for leaking, tomorrow he is going to blame the PSC for leaking
Ultimately the whole country is going to leak??
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kamalP / November 24, 2012
GL cannot even leak.
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gamini / November 24, 2012
Then did Paba leak for Neomal to slip and fall in the Parliament Lobby or sliped on his own leak?
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srilal / November 24, 2012
This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy
http://colombotelegraph.com/comments-policy/
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Piranha / November 24, 2012
The government members in the PSC were hoping for a secret trial away from public scrutiny and dismissal of the CJ. I am sure her defence team “leaked” her response. Hope someone in the PSC leaks the whole proceedings and scupper the conspirators’ evil intentions.
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kamal nissanka / November 24, 2012
Legislature cannot violate the constitution. Violation of constitution is an impeachable charge in civilized democracies.. I feel the government wing is violating the constitution.
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Rohan / November 24, 2012
Can you name a judge who has the guts to hear the impeachment motion, let alone making a decision against Rajapakse Clan?
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Sofia / November 24, 2012
This is not Europe, but on srilanka.. Everyone should be ready to get whitevanned or go missing if you would do so. That is the point.
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Ronny / November 24, 2012
When you go to see, ONLY THE CHIEF JUSTICE has declared all her assets very correctly. I think I can challenge any other Sri Lankan, from the President to Mervyn Silva (top to the bottom)to have declared his/her assets properly. We must first check whether the 7 members of the Government in the PSC have declared their assets properly. So, how can these rogues Impeach this very clean Lady. It is very wrong to call her the “IRON LADY” as iron can rust. She is the GOLDEN LADY OF SRI LANKA with a very gracious and innocent pure Sri Lankan SMILE. This impeachment could be a blessing in disguise to prove that she is the ONLY SRI LANKAN who is very correct. As all of us know, we the sinners have something to hide but not this Lady.
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Sofia / November 25, 2012
If this would work – this is going to be the long awaited waterloo or this thugs. That is the end of MR regime; BUT WHO KNOWS WAIT AND SEE; even IC would call for this soon, there if he is clean as he shows to the southerners of the country (rural iliterate folks that make up of his main voting force). May this help to become the waterloo of the thugs :)
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Amarasri / January 16, 2013
You are xactly right. All real sri lankans, must be proud of her. I think she is the first lady-CJ in the country and the way sh was sacked is ashamed.
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Gerrad / November 24, 2012
So the charges Nos.2,3,4 & 10 are clearly not true.
{One wonders how the charges were numbered in sequence: charge No.2 refers to “above proerty” i.e. that mentioned in charge No.3}
The remaining charges are not published yet.
In any case these are not serious as clamed by the defence lawyers.
If at all this CJ is to be accused, it is her concent for the passage of Amnedment 18 to the constitution as an urgent Bill, without allowing time for analysis by the experts.
But how can this charge be made by the “culprits who wanted the passing of the amendment as urgent?
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Jayantha / November 24, 2012
Thank you CT for bringing this valuable info. to readers. You also should send this to all English, Sihnala and Tamil newspapers….and also a copy to UN, Commonwealth, Asian Human Rights, China News Agency and all other Donor countries. It’s time to wrap MARA’s WHITE SARONG AND THE SATAKAYA AROUND HIS HEAD. Long live CJ our next president. We need honest, brave and smart leaders…not uneducated, uncultured, thug thieves.
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justice / November 24, 2012
Those who judge others should themselves be liable and willing to be judged.
The honourable eleven members of parliament of the Select Committee,should declare their assets publicly now,in order to be eligible to probe the allegations of financial impropriety levelled against the Chief Justice.
This is the norm in many other democracies.
If they do not,they should resign from the comittee.
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Sofia / November 25, 2012
We ll never be able to see that in SL. Actually, it should be like – all those who have put the names on the signess´s list, they should declare their assets – as the buddhist monk lately pointed out.
http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=66479
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Nevil Perera / November 25, 2012
Welldone Madam,
You shows very patient approach to this bullshit coup.
We are with you always not because of anything but because of the independence of the judiciary.
With all these we are getting tempered
What is your action to the persons (Mps)who have forwarded the false charges.
It is better if you could file a case against them also.
Any how this is a good start fight against the corrupt leaders.
It is worthwhile to note that one cooment of declaring assets/ wealth of psc members (be careful they might ask bribe from you )
Best of luck to you and your team
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DEPRESSED DEPOSITOR / November 25, 2012
IRON LADY OF SRI LANKA HAS SPOKEN AND RAJAPAKSA & COMPANY HAS GOT EGG IN THEIR COLLECTIVE FACES !!! HAVING SAID THAT I MUST SAY SHE DECEIVED THE GOLDEN KEY DEPOSITORS AND DRAG THE GK CASE OVER ONE YEAR UNECESSARALIY AFTER PROMISING IN OPEN COURT SHE WILL ARRANGE TO PAY DEPOSITORS BEFORE LAST CHRISTSMAS , THIS REALLY BUGS US !!!
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shankar / November 30, 2012
Depressed depositor,you hit the nail on the head.Why has she not answered the charge that she took over the Golden key case from another judge who was hearing it.This is the only charge that I’am troubled about her integrity.Other charges are all frivolous and vindictive.
If she has indeed as you claimed delayed payment to the depositors,then god will punish her for committing that sin against so many small depositors who trusted Kotalawela and gave their life savings to him.
The Ceylinco apartment purchased should be checked whether a substantial discount was obtained by her sister.If indeed it has,maybe the government has not made that charge,because she could contercharge with instances where government members have also purchased at substantial discounts.Two wrongs don’ t make a right,but there will be mud all over the government.
I spoke to people in Srilanka and they say she is no lily white angel.There seems to be concern about the number of bank accounts,and they are asking why she had needed so many,albeit now we know it is not 20 but 9.Why nine accounts from just 2010,a short period.People must be suspecting some ulterior motives in opening so many bank accounts.Though she replies to the charges stating that the bank accounts are non operative,the question arises as to why so many were opened in the first place.This has penetrated into the minds of the people it seems because most of them will have only one bank account.The charge itself has to be dismissed as frivolous now,because she has every right to open as many bank accounts as she wants to,but the damage has been done by creating suspicion in the people’s minds.
The most important aspect of all this impeachment proceedings is the letters given by the 4 Mahanayakas asking the president to stop proceeding in this matter.If the president does not heed their call then the message will be sent to the people that from now on the Bhuddhist clergies traditional role of advising the king and expecting that advice to be accepted is now no longer there and a new era has begun and they can all buggeroff and just concentrate on religious activities only and let the governance of the country to others who are elected by the people to do so.In other words no powers behind the throne in future with puppet kings and government leaders may not need to go and kneel like dogs in front of the Mahayaka Theros.
So at least one good thing may come out of all this.
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kamal nissanka / November 25, 2012
PSC includes Anura, Nimal, Susil and Dilan the lawyers. They have to take notice of the AC/SC cases. As lawyers they have to abide by SC directive. They as lawyers under professional ethics and their conduct against SC directive will be detrimental.If the BAR and BENCH are in unison they have to leave the profession.
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Mary / November 25, 2012
Awaiting Aunty Leels’s comment on this.
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Rahmathullah / November 25, 2012
The PSC member WW had his hair cut in Game saloon prior to his joining with UPFA. Now everyone knows which beauty parlor he patronizes and how much he spends for his hair style alone!. But, no one knows how many Bank Accounts he has or how much wealth he has. Also, we do not know from where and how he got all these wealth.
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Saman Wijesiri / November 25, 2012
We all can rest assured that our king will follow the worthy precedents set by the just and wise king Kekille of yore !
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D.G.Dayaratne / November 26, 2012
The people who prepare above charges have given DEAD ROPE to the The govt
There is a SIHALA SAYING” Kiri Kaleta Goma Binduwa Wetuna Wagey”
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Jamec Corea / November 26, 2012
Guys this is only a reply to charges ! Don’t make any assumptions using only this reply. There are replies to counter a reply! So before commming into a conclution wait and see how this turns..The best respect you can give the CJ is not to come into conclutions before entire process.You have to here both sides.
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Jayendra / November 27, 2012
I want to foward the article in full to a friend of mine in Australia.Plese help me
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LankaMatha / December 1, 2012
Shame is too good a word to use. Shaming the shameless is not easy.
CJ’s hands are clean. Let him who has sinned caste the first stone.
There will not be any, even with minor sin to do this.With the fall of Judiciary the Nation is falling into great cesspit. Those in power must
realise, one day they will have to vacate power and those who succeed
will utilise what is left to ruin the little left.
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chandrasena / December 2, 2012
Insist PC members to declare their assets.
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RR / December 2, 2012
What should be discussed is the facts relating to the charges rather than political views of readers.
A wrong thing cannot be justified by saying that the predecessors have also done the same thing.
Furthermore one should not compare the expected standard of behaviour of CJ to the activities of politicians who are not respected by the masses.
what the Buddhist priests’ argument is that the motion must be withdrawn ever if there is a prima facie case since politicians have done the same thing!
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RR / December 2, 2012
What should be discussed is the facts relating to the charges rather than political views of readers.
A wrong thing cannot be justified by saying that the predecessors have also done the same thing.
Furthermore one should not compare the expected standard of behaviour of CJ to the activities of politicians who are not respected by the masses.
The Buddhist priests’ argument is that the motion must be withdrawn ever if there is a prima facie case since politicians have done the same thing!
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JBD / December 5, 2012
As said it is good for the country because respected people are able to prove why they are respected. Let’s see the outcome with respect to CJ, the Golden Lady.
Politicians do not have to prove it not only in Sri Lanka but everywhere…because they are reelected… the more dishonest a politician, more possibility for reelection.
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