19 April, 2019

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Breaking News: Standing Order Is Not Law – Court of Appeal

By Colombo Telegraph

The Court of Appeal today delivering the judgement says standing order is not law. Parliament Select Committee (PSC) has no legal authority to inquire into allegations on CJ Court of Appeal said.

An application for Writ of Prohibition was filed by former Ceylon Chamber of Commerce Chairman and  a Fellow of the Institute of Chartered Accountants of Sri Lanka and of the Chartered Institute of Management Accountants, UK, a former President of the Ceylon Chamber of Commerce and LMD Sri Lankan of the year 2001 Chandra Jayaratne. K. Kanag Iswaran, President’s Counsel, appeared for Jayaratne.

The Court of Appeal December 21, 2012 observed that it has the jurisdiction to hear the writ petition filed by Chief Justice Shirani Bandaranayake challenging the findings of the PSC and as such issued notices on the Speaker and PSC members returnable today.

Read the full text of Supreme Court determination here

 

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  • 0
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    Highest priority is to respect the law and order in Sri Lanka, this could end up in having compelled to respect the law in an international Court of Law.

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      Idiot, Which International Court ever interpreted the constitution of a sovereign country. Show us one example. Who would compel whom to respect which law?

      This hearing is nothing but “Horage ammagen pene ahuwa” meaning asked a judgement from thief’s mother. This judgement is not worth the paper it is written for even the secretary of the UNP said that it will not comply with the notice. Of cause, JVP and TNA desparados who has ulterior motives can comply with the worthless ruling.

      This is not the first time that court judgements that had interfered with parliament procedures were thrown to Diyawanna Oya. Not just the government MPs, even the UNP members hadn’t comply with the notice. UNP decided to ignore this judgement for it is the UNP that formulated the relevant standing order.

      If judges are to reject the standing orders that our elected MPs formulate then we might as well let judges appoint their own MPs for us as well.
      Leela

      • 0
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        Little confused why you end your contribution as “Leela” .

      • 0
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        Apparently there is confusion of Leela and Villager.

        You are correct to some extent when you said ‘UNP decided to ignore this judgement for it is the UNP that formulated the relevant standing order’.

        It is not material in a writ application whether some party’s interests prevent that party from attending court.

        Even a first year law student would know that the court’s interpretation today is the most sensible interpretation that can be given.

      • 0
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        Thanks Villager for this quick and correct answer. No big matter the tool used for the disiplinery ivestigation. Only the parliment or the Executive or both can decide the CJ’s future as they are the only parties represent the people of this country. After all CJ has not yet answered the accusations to the people’s knowledge though She got enough room for that. Not any court can stop people’s will now in lgitimate hands of the 2 parties and as the courts are made for people’s services not for the court workers benefits what ever the profession they may be.

      • 0
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        The supreme court has the sole jurisdiction to interpret the constitution !, the legislature makes law, judiciary interprets and applies law, and the executive governs according to the law. there should be this dynamic equilibrium for the effective governance of a country.

        Parliamentary supremacy is different to the a constitutional interpretation. by interpreting the constitution SC doesn’t impinge into the supremacy of parliament. but parliament is bound to respect a SC interpretation, if not they are acting ultra vires to the constitution. parliament might throw away CA notices but they cannot ignore a SC interpretation.

        This horage Amma business your talking about; I would like to word it differently; nemo iudex in causa sua – this is one thing the PSC didn’t adhere to. had they done it properly none of this would happened.

        ps: prof g l pieris has written a wonderful book on constitutional law, I suggest you read it !!!

        • 0
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          concerned
          The CJ and all judges pledge to protect and abide by the constitution. The fact that the CJ had appeared before the PSC and answered it the charges though her attorneys is a proof that she had accepted the PSC as judges.

          But when she failed to act in accordance with Standing Order SO 78A (5), it was obvious to anyone that she had other plans. According to 78A (5), the onus of disproving the charges falls on the judge being impeached. When the CJ withdrew or ran away from the PSC she gave up that right.

          Everyone knows that pleading by CJ herself to ‘her’ Appeal Court to set aside PSC finding and its judgement will not change the impeachment process. CJ will be fired and soon she would vanish in to thin air.

          But her court action and some of the PSC members going there promote false hope to Rajapakse haters. They would continue to visualize an Egypt here. Some desperados even dream for a Syria. And NGO schemers would proceed with their plans to sponsor a ‘Haultsdorf spring’.

          You concerned must be concerned of such destructive forces and I say; they must be stopped. That’s why I am in the opinion that this impeachment has to be concluded quickly asap.

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            she will be fired, no doubt about that. she is not the best CJ , in fact she is one of the worst.

            my concern is that , since SC has the sole and exclusive jurisdiction to hear and determine matters pertaining to the constitution and if the government doesn’t not adhere to the SC determination, that sets in a very bad precedence. in future government will only uphold judgments favorable to them and conveniently ignore the others citing something. that gives the impression that the function of the SC and constitution are viciated. In that context the country will descend into anarchy not through a Hultsdorf spring; if 11000 lawyers can bring down a government, seriously give some thought.

            futuremore asap, work will not do good, we have a UNHCR session and a CHOGM coming up. irrespective of who the CJ is removing her at this juncture will do irreparable damage to this country internationally, going against the Latimer House principles might even result in the suspension of the Commonwealth membership, And also the commitment made through the 4th UPR that impeachment of superior court judges are subject to judicial review.

            this is not a question of hating anyone, it’s a question of loving your country !!!!!!!

            • 0
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              It is the stages you describe that are well known to the all lankan
              intellectuals, however the agenda of the Regime is DICTATORSHIP,
              and perpetual Family rule, and this is what will be achieved with a new CJ. QED!

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              concerned-
              Forget the IC, they will invariably be a thorn in MR’s flesh to many years to come, more importantly who in their right mind will take the mantle of CJ following the recent events.
              It’s a “poison pill”

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        LACKEY; AKA VILLAGER;IMPOSER LEELA;

        HOW YOU SUDDENLY BECAME A VILLAGER?
        ELECTED M P ????????????????/.
        HOW MANY MPS ARE ELECTED AND HOW MANY WITH GILMART?.
        MOST OF YOUR PAY MASTERS ARE NOT ELECTED BY THE PEOPLE, BUT THOSE SCOUNDRELS ARE BY-FORCE ENCROACHES TO DIYAVANNA OYA PIGGERY..

  • 0
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    Can somebody enlighten me pl?

    There are standing orders of many institutions/associations incorporated by acts of parliament or by registrar of companies. What is the validity of those if a member of such an institution/association seeks redress after being found guilty of violating standing orders of the particular institute/association.

    • 0
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      Your question is not relevant to the case against this impeachment.

    • 0
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      Labour Tribunal,Court of Appeal, Supreme Court. Victim can choose one of these as directed by a reputed lawyer.

    • 0
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      Dear gamarala, I can enlighten you.

      Those are not standing orders. However, if any person who found guilty of violating any internal rule of any goverment institution/association incorporated by acts of parliament or by registrar of companies, Has evry right to challange that order, in proper forum. As a example, if you are interdicted by Public service commission in improper way, You have a right to make appeal from Administrative Appeal Tribunal. If you are interdicted by a private company or any private employer or by an incorperated institution in inproper way, You have to make an application before the comperten labour tribunal. Fundamental Rihgts Applications and Writ apllications are also releases that provided by law for the people who suffered from administrative actions. Dear gamarala if you came to town earlier, you must have known these things.. Unfortunately, Most people who make comments against the Chief justice and court proceedings in these days (including Speaker, Deputy Speaker PSC members, Dr. Silva & etc..) are abslutely Gamarala people like you, Who doesnt know anyrthing about the rule of law or the natural justice..

      • 0
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        Thank you. I can now see how complicated the lives people living in towns. In our villages people respect each other, elders, clergy and are bit more religious than people living in towns. That is why during Hindu and Sinhala new Year periods those who come to towns for making a living go back to their villages for peaceful holidays at least for a short period leaving the urbanites to starve. Do not forget the villagers like me provide you the staple food rice and vegetables and fruits for you urbanites to digest or to suffer from pressure, diabetes etc etc. We villagers do not know the rule of law and natural justice but we elect people who understand our way of living. it is a pity to see pseudo urbanites like you still trying to prevail on villagers to change their ways of thinking.

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          Yes my dear gamarala,

          finally you revealed the truth. villagers like you provides for us staple food rice and vegetables and fruits . If you advised me anything about farming food or vegetable, i respectfuily accepet those advises as i dont know anything about it.

          However, The problem what we faced todays is the ridiculaous efforts that are made by some people like you to interprete the supreme law of the country. although you accept that you does not know anyhting about rule of the law and natural justice, our goeverment is using threewheal drivers and payment sellers to interprete the constitiution. Most uneducated ministers in the government, such as wimal weerawansa, Mervin silva and Jonston fernando calling press conferenses to interprete the constituion. They are not humble as much as you to accept that they dont know anything about these subjects.

          However, my friend, please re think whether you have actullay elected the people who understood the way you live. Although you think so, I believe that You have never understood the way which is being lived by the people who were elected by you .Thanks

  • 0
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    Now all law binding people must come forward to implement this order. If we do not do this, first it can see as a joke. But tomorrow it makes big disaster

    • 0
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      final Year Student,
      I see that you’re trying hard to climb the social ladder. Good luck to you. I am eagerly waiting to see how you lot intend to implement the order for the speaker will not even dream of accepting it.

    • 0
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      Dont worry son you will be free to climb any ladder if rule of law is established in this country. Otherwise only Rajapakse patiyas can sit in airconditioned rooms, crib and pass law exams.

      We cant have two sets of laws, one for the Diyawanna Club and another for ordinary people.

      • 0
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        most of the DIYAVANNAAOYA PIGGERY MEMBERS GOT DOCTORATES FOR MONEY FOR LOOTING AND KILLINGS.
        THESE PIGS WANTS TO MANIPULATE THE LAW AS THEY WISH AND RUIN THIS COUNTRY.
        THIS IS THE WAY THAT FOOLS WANTS KEEP LAW UNDER THEIR CONTROL TO FOOL THE PEOPLE.

        • 0
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          FORGOT TO INCLUDE THAT TO MENTIONED
          SHIT EATING FIGS AT DIYAVANNAAOYA PIGGERY.

  • 0
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    WELL THE RULING PARTY CAN NOW EAT BACK ALL THE SHIT THEY THREW AT THE CHIEF JUSTICE. INCOMPETENT ASSHOLES OF THIS SO CALLED MURDEROUS REGIME CAN NOW JOIN HANDS WITH EACH OTHER AND DO THE DEVIL DANCE TO THE “THOIL BERE” IN THEIR MUD HUTS.

  • 0
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    The Parliamentary Select Committee (PSC) has no legal power or authority to find a judge guilty because standing order 78(A) is not law, the Supreme Court determines.

    The Court of appeal reading out the Supreme Court interpretation of the Constitution today stated the power to make a valid finding after investigation can be conferred on a court tribunal or any other body only by law and law alone.

    “The proceedings that commenced before PSC is not contemplated by law and the commencement of proceeding and continuance is prima facie void”, the appeal Court said

    Now we see the actual nudity of PSC and the Govt exposed to the whole wide world. Their extreme greed and abject impunity hanging like mill stones around their necks. The court has decided and now the people and the whole world can decide.

    • 0
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      “Their extreme greed and abject impunity hanging like mill stones around their necks. The court has decided and now the people and the whole world can decide.,,” Safa said.

      The MR Bros are aware of how the impeachment can turn around, but the
      question is, will the 11000 lawyers fraternity of Lanka stand by it?? No
      never – it is Sinhala chauvinistic politics that will lead – the build-up
      to eternal DICTATORSHIP. 2013 is the year to watch.

  • 0
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    Happy news after a long time. The Supreme Court determination read out by the Court of Appeal rectifies a lacuna in the Article 107 of the Constitution. Interpreting the Constitutional law comes under the sole jurisdiction of the Supreme Court. Now that the Supreme Court has given its determination, the the Executive and the Parliament have to uphold it. Now it is the turn for Mervin Silva and Modawansa to reinterpret the SC determination to provide us with some entertainment!

    This is certainly not the time for levity. We can’t expect this government so heady with power, so arrogant to accept defeat with grace. They are sure to get bogged down deeper in the quagmire by making another stupid and despicable manoeuvre in a bid to save face!

  • 0
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    MARA should send all in the judiciary home and declare the re-christined former Sri Lanka republic as RAJAPAKISTAN and run like a military govt with Sharia like Medamulana law the new Sri Lankan brand of Jungle Law.

    We should have diplimatic missions in Sudan/Syria/North Korea/China/Swaziland/Uganda/Palestine and call back all other diplomatic missions in the West.

    Suba Anagathayak !

    • 0
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      Exactly.

    • 0
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      Good reading of entire saga.

    • 0
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      mee.
      correct to the point .
      diyvannaaoya pigs do not understand the value of people’s power.

  • 0
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    Mr. President

    If you are a law abiding citizen of the country,please understand that the Court Appeal Determination on CJ’s Writ Application is a slap on the face to the Speaker and Parliament (although it was your directive) which appointed a second hand PSC to inquire the manipulated charges against the CJ. To avoid the shameful disgraceful impact on the legislature, best option available is to dissolve the Parliament immediately giving due respect to the Judiciary and to the people who are supreme

  • 0
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    THANK GOD, WE HAVE JUDGES WHO CAN UPHOLD THE LAW.WHO CANNOT BE INTIMATED. THE JACK ASS CHAMAL CAN SAY PARLIAMENT IS SUPREME. THE IDIOT SHOULD KNOW THAT PARLIAMENT DERIVES ITS POWER AS REPRESENTATIVES OF STUPID PEOPLE WHO VOTED FOR THEM.
    THE PEOPLE ARE SUPREME.
    WHY THE HELL DO WE HAVE COURTS, AND A JUDICIAL SYSTEM. IF THE CLOWNS
    IN PARLIAMENT ARE ABOVE THE LAW?

    THE DEPUTY SPEAKER IN ORDERING THE GOVT. MEMBERS OF THE INFAMOUS “PSC”
    NOT TO ANSWER SUMMONS OF THE COURT OF APPEAL, IS IN MY OPINION GUILTY
    OF CONTEMPT OF COURT. HE SHOULD BE HAULED UP FIRST AND SENT FOR A
    SIX MONTH HOLIDAY WITH WELE SUDA’S WIFE AND OTHERS.

    WE ARE ABOUT TO SEE THE BEGINNING OF A “TRAGI-COMEDY” OF THE RUHUNU RIOTERS AND ROBBERS.

    THE WORLD IS LAUGHING AT US. THANKS TO RAJAPAKSES, CABRAL,THE KEHELMALS
    HOW LONG THE SHOW WILL GO ON ? WELL YOUR GUESS IS AS GOOD AS MINE

  • 0
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    Good news for Sri Lanka. 2013 has indeed dawned well. A new beginning for this nation. Let it be recognised as such by all parties and institutions embroiled in this dispute. Let wisdom dawn and prevail.

    The Appeals Court is to be congratulated for making its decision on the basis of the constitution. An objective exercise.

    Dr.Rajasingham Narendran.

  • 0
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    Kiri Gamarala:
    You are asking a very basic thing. The so called “standing orders” apply only to those in such a organization, an does not apply to outsiders. Even if an internal inquiry find a person guilty, and if he/she feels justice has not been done, he/she could seek redress from the courts. CJ does not belong to the Parliament, and therefore, the Parliamentary standing orders do not apply to her or to any other if such act or behaviour has no direct bearing on the Parliament.

  • 0
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    Kiri Gamarala, you appear taken aback by the SC ruling delivered by the Court of Appeal. The Speaker is there to ensure that the members observe the Standing Orders and in an association the elected chairman and committee members are there to ensure the proper observance of its constitution. Besides, the membership can take collective action against any breach of the rules of the association by following the stipulated procedure.A member of any organization’ of course, can seek legal redress for denial of his rights or benefits due to a wrongful administrative action on the part of that organization.I am no lawyer. This is what my common sense tells me.

  • 0
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    Hail the Judiciary.Cheers for the three Appeal Courts Judges for their uprightness against a brutal regime.

    • 0
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      Nice to hear we have impartial and very very brave judges.

      Leel

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    Leela is “Hora” and Villager is “Horage Amma”

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    Eventhough Appeal Court read the order, it is the interpretation given by the Supreme Court. The SOLE authority to INTERPRET Srilankan Constitution is Supreme Court, which is well accepted by the PRESENT SPEAKER also. So this is NOT a Ruling of the Appeal Court but a INTERPRETATION of the Counstitution by Supreme Court.
    If the Parliament is not going to abide by this interpretation, then what about all other (past/present and future) interpretations by the same Supreme Court???

  • 0
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    Saman Wijesiri is having an orgasm. Oh.. Oh…

    The government did not expect anythinf different and the parliament will take no notice of this ‘decision’. Let us see who the next CJ is.

  • 0
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    Tick the correct answer or answers
    How the spin doctors of banana republic going to read the appeal court verdict
    1) Western conspiracy
    2) LTTE resurrection
    3) NGO/INGO Dollars backed Judiciary
    4) All of the above

    How some of the youth of banana republic going to read the appeal court verdict
    1) Have no idea
    2) More concerns about chaturiks/Roshan split
    3) not interested in politics , rather prefer to speak of Lamborghinis, Ferraris , satellite rockets and speed boats
    4) Extremely worried about who the next Reality /dancing/mega or endless star is

    How the gullible general public of banana republic going to read the appeal court verdict
    1) was there a such decision taken ? by whom ? when ? is it in sri lanka ?
    2) have no time to read or watch television.
    3) our king won’t do any thing bad for the country.
    4) Looking forward for a new CJ.

    How the educated general public of banana republic going to read the appeal court verdict
    1) Dissolving the parliament.
    2) Army generals taking over courts.
    3) house arrest of CJ .
    4) Introducing a new puppet CJ.

    pl feel free to add more.
    .

  • 0
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    VERY, VERY HAPPY. We have atleast the Judiciary to turn to when in trouble. Bravo and long live the Judiciary. This is not only a personal TRIUMPH to our GOLDEN LADY with a charming and innocent Sri Lankan SMILE but also a very brave step forward not to interfere in the Judiciary by these thug type and criminals who are ruling our country. Now LEELA/VILLAGER/…./…./…./…. must be putting his/her/its tail between the two/four legs and walking/crawling away.

    • 0
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      Pl. note that this `Leela` is actually an ex-government servant, retired
      and probably was under the tutelage of a strict Dravidian boss whilst in service. He is actually LEELARATNE and in a hurry signed as Leela when he wrote above as Villager!

      • 0
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        Undercover- Permit me to correct you
        His name is [Edited out] Leelawardene

        Engineer (Retired) now living in an Estate in a Village (name not disclosed) not far from me.

  • 0
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    If the legislature and the executive set an example of not accepting the decisions of the judiciary, which are done after going the the various legal provisions be it either constitutionally or otherwise, the ordinary man too will find ways and means of following suit and even intimidate begin to intimidate the members of the judiciary. Already we have seen instances where judges have been even killed by persons who did not want to accept decisions of the courts. If such a state continues all forms of crimes and misrule will thrive and the country will be in chaos. Is that what the present law makers want? Al-Jazeera reports today that the Supreme Court of India is considering whether law makers who face allegations of sexual abuse should be suspended from their positions. That shows that it is an accepted principle that law makers are bound to accept the decisions of the judiciary. Our law makers cannot be different.

  • 0
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    Dear Gamaralas & the Intelligent Folks,
    In the present context its best to dissolve Parliament
    & hold fresh Parliamentary Elections !!
    Of Course Parliamentarians should have a minimum basic education
    not just to shout in hoarse voices & attract the gallery.

    We should protect our country democratically when other nations frown on us.Sanity & Justice should prevail.

    Strange that No Actions were taken promptly re COPE Reports !! Why ??

    Test the pulse of the People when everything is Topsy Turvey !

    Sanity should prevail.
    We Love our Country Sri Lanka Matha

    Trust our Benevolent HE the President will make a solid judgement at a crucial time. As I see HE is our President & not a just Party Leader.

    Maestro

  • 0
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    Leela and the Villager exposed. Ouch.

  • 0
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    Sad to say that I can smell blood. According to earlier reports, Johnny planned with LTTE Cadres to kill the President and he in turn used the recordings to take him to his fold of 40 thieves. Now, Johnny says that he knows how to get rid of the CJ within a short period of time “through the Parliament”. This is rather alarming. There could be clashes on the streets or some bullets could be used to silence a few if everything fails. Sri Lanka is heading for uncontrolable disaster due to these murderous politicians. It is better if all those who have been engaged in supporting the CJ including the CJ herself take extra precautionary measures from these BARBARIANS.

  • 0
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    So far so good, but I am an old cynic. Either: The regime will ignore the ruling and do as it will – that is go through with an illegal “impeachment” in defiance of the law. Or: It will subvert the import of the SC determination by some strategem, and have its way by subtrefuge or other means.

    Have no illusions about the nature of this regime. Hence the basic task remains unchanged, to educate the masses and to mobilise them to safeguard their own democratic rights.

    • 0
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      Take it easy, Kumar … You are lucky to have a another ( this time it is a lady rather than a monk) on your plate to think about the combinations and permutations for the next presidential candidate …
      A monk, a general, two ex-CJs … What about the combination Ranjith Devasiri and monk Dambre Amila …

      Choices are growing by the day .. Life is interesting .. Isn’t it Kumar?

      Your buddy, Bahu was lamenting about the lack of people to get into the street to celebrate the Spring ….
      Your suggestion about educating masses and to mobilize them would be a immense help to him …. By the way, what’s the hell you and Bahu doing for last 40, 50 years without educating and mobilizing them?
      I thought the end is near … Now, it seems that you are just at the beginning … If it took 40,50 years to suggest the educating masses and mobilizing, to do it would take another 400, 500 years … Lybia, Iraq, Egypt , Syria were very easy to ‘educate’ and mobilize and take the people for a ride … This country is tough nut .. Isn’t it Kumar?

  • 0
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    WE salute for the Judges who gave the bold verdict. It paves the way to track back the entire system irrespective of the politically moved impeachment. Let the CJ to have a fare trial.

  • 0
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    Happy to hear the news. Time and again it should be stressed that the interpretation of a Statute always rest with the Courts. What is the position of the Speaker. Will there be contempt of court if he again defies the Court’s Order. Mad people have to be taught a lesson by stripping their civic rights.

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    This word “sovereign” has no real meaning in present day context. No country in the world is “sovereign” today. There are international organizations to which countries have joined in. If a country wants to be in that or those organizations, it has to abide by their rules and regulations. Otherwise a country could be kicked out. Can a county that does not want to abide by rules of an international organization as a member claim that it is sovereign and does not want to be dictated. That is the reality in present day world. If a country is so conscious of sovereignty, that country cannot or should not join any rpt any international organization. For example: Even the rules and regulations of the International Cricket Council (ICC) have to be honoured if we want to be a member of the ICC. Can we say that we are a sovereign stat and does not accept their rules and regulations, if we don’t like some of them? Now ICC has made a ruling that individual Cricket Boards should be free of governmental control and the deadline is fast approaching. If we don’t want or doesn’t adhere to it can we claim we should be allowed to continue as a member since we are a sovereign country. No it is a “take it or leave it” situation. If we flout that we’ll be kicked out of ICC. So where is the grand theory of “Sovereignty.” My personal belief is that it is a myth in present day world. Can any one who talks of us being “Sovereign” explain it, if what I believe is wrong?

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    While the possibility of conflict in that continuum of separation of powers between the Executive and judiciary continues wherever our
    system of governance is in practise, a legislature comprised of many
    tutored in and familiar with the laws always respected the role of the judiciary in times of stress. Conflict was always avoided whenever delicate issues came to the fore as in the case of former CJ Neville Samarakoon. Anything less will take us towards the laws of the jungle.

    The composition of the recent PSC and Parliament itself having as head
    nothing more than a former IP and Security Officer are attempts to subvert the course of justice. The regime has succeeded politically but the country and our once sublime tradition of bowing to the dictates of the law suffers. The country will pay a heavy price for this skulduggery in the immediate future.

    Senguttuvan

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    If standing orders cannot be considered as legal Supreme Court Rules too cannot be considered same.They are also cannot be found in any act passed by the parliament.
    Still these so called judges haven’t understood that the PSC has not given any ruling.Ruling comes only after parliament debated and get the vote.They try to misinterpret the PSC findings as ruling or order.

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    United Nations generally accept the Supreme Court and Appeal Court decisions, what ever the parliamentarians say would not be recognized. UNHRC would see whether the countries comply with the resolutions adopted in the previous sessions, UN would see whether the government strengthen formerly independent civil institutions such as Judiciary and the Public Service commissions along with several other UNHRC recommendations needed to be implemented before the next summit.

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