In the application filed by the Chief Justice, the Court of Appeal has issued a Writ of Certiorari quashing the proceedings of the Parliamentary Select Committee on the impeachment.
Accordingly, there is no valid, actable finding under the law as pronounced by the Appeal Court on the basis of which a vote can be carried in the legislature to remove the Chief Justice from office.
The position endorsed by the Court is effectively that steps need to be taken to provide by legislation (as opposed to Standing Orders) for the impeachment of Superior Court judges. This means that since draft legislation (a Bill) is reviewable by the Supreme Court as per the Constitution upon being referred by a citizen within 7 days of it being placed on the Order Paper of Parliament for inconsistencies with the Constitution including provisions for the protection of fundamental rights, it would be possible for the citizenry to ensure that any Bill is only enacted into law with provisions that ensure adequate safeguards to ensure the degree of due process needed to ensure judicial independence.
Await further details.
Related posts;
Safa / January 7, 2013
Not surprising that the kangaroo court and lynching party have been thrown out. The whole exercise was a farce from conceptualisation to issue of the report.
This appeal is to protect the rights of the CJ against arbitrary punishment without due process of justice. So this is the second rejection of the impeachment which was earlier invalidated on constitutional grounds.
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Nagananda Kodituwakku / January 7, 2013
I take this opportunity to pay my highest regard and respect to the judges of the judiciary in Sri Lanka for their fearless stance against the arrogent administration that refuses to pay respect to the rule of law. Hope that this would give a clear message to the Executive and the disoriented Legislature that they are not above the law and rule by deception and arrogance would not be tolerated by the learned people with insight.
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Leel / January 7, 2013
Many thanks to CT for bringing the good news.
Leel
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Leel / January 7, 2013
Many thanks to the judges for their impartiality and bravery to call spade a spade.
And we should also thank those who took part in the rally and converging at Hyde park right now at this moment not forgetting the organizers who are taking great efforts.
I shall not miss any future meetings in support of the law of our country though I missed it today. ( I should be ashamed of …)
I am a commoner with no political affiliation but like to thank JVP whose efforts , for sure, will win many a vote in the future.
Leel
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Villager / January 7, 2013
Now that ‘Certiorari’ is issued on members of the PSC, all of them will be scared to death. They’ll run to her with ‘bulath hurulle’ genuflect in front of the CJ and plead for mercy. All this coup or drama they did with our money will be over by next week. She’ll be one with the wind.
Leela
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Leel / January 7, 2013
The first thing that CJ should do is to bring her Bank to books for revealing confidential data of her accounts to a third party without her consent or without any request from the courts. That particular management should be ready with the “bulath hurulle”.
Leel
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Ronny / January 7, 2013
First and foremost I must thank “Colombo Telegraph” to have given us an UNBIASED version of all the political and other happenings in Sri Lanka. If not for CT, LeN and just a few other print and electronic media, we would be like “fish in a well” hearing only the voices of the big “Toads” like Wimal, Champika, Johnny et al shouting through their throats (giriya puppan). Today is yet another victory for all the peace-loving Sri Lankans. Congratulations to the brave judges who have acted very constitutionally ignoring all the threats that could follow for giving the verdicts not palatable to the “LOOTERS”. I am also very confused whether this is the original “Leela/Villager” who has commented. If it is the original Leela/Villager, the whole comment applies to him/her as well. Now the PSC members of the GOSL will have to roll their documents and pass those through their “back-doors” by each other.
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Leel / January 7, 2013
I have omitted the last letter “a”. I am not the villager.
Leel
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Ronny / January 7, 2013
Leel, I know you are not Leela but Leel and I go by the symbol. I fully agree with your comments and those are interesting to read too. I have referred my comment to LEELA a.k.a Villager.
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Villager / January 7, 2013
I said she’ll be gone with the wind.
Leela
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Real Peace / January 7, 2013
Only this lady has the guts to teach this tyrant a lesson. God bless you, madam.
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R Trueman / January 7, 2013
So, you think this lady is bigger than general SF?? No, dude you’ve got that wrong!! First of all if anyone wants to attack the gov then he/she has to come clean, no point waffling about your neighbour’s garbage if you have some rubbish in your own backyard. The lady has been accused of stealing, and I’m afraid if someone has committed a crime then he/she has to pay the price, and it is irrelevant of his/her status.
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Real Peace / January 7, 2013
Trueman
….calm down..take a deep breath… count backwards from 10…hope you are feeling better. CJSB must receive a fair trial and that’s what she is fighting for. Neither you nor I can say she is guilty. Do you understand? This should be tested in a court law. This tyrant has been breaking laws, constitution and law & order at his will, but no one has the guts to challenge. For the first time this tyrant is shaking….ha..ha..because of a woman…shame….same..please ask him to stop dying his 100% grey moustache….!!!!!
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R Trueman / January 9, 2013
Hey Real Peace, No thanks, I don’t think that I need some breathing techniques from you mate however let me say this to you, the CJ was failed to declare her income by intentionally not once, not twice but five staggering times and you’re telling me that she should not be feeling guilty of doing that.. Hey come on, if you and I had done that offense we would have been behind bars already so why then just because she is happened to be the CJ… I agree sometimes, the law establishes exceptions BUT that privilege cannot be abused and that’s common sense and I’m really amazed as to how she had not have gathered that fundamental point. She needs to come up with some very good reasons to justify this wrongdoing and I really don’t see the argument of changing the laws to address this issue.
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Sri lankan / January 7, 2013
Who is the biggest robber in Sri Lanka. It is the Rajapaksha Clan. He and his brothers think they are above the law. Downfall of this regime has now started.
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kali / January 7, 2013
Sri Lankan you are a true Sri Lankan and we all salute you and wish there are millions ( sorry correction billions) like you.
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Lover of Justice / January 8, 2013
Trueman, you are angry because you think CJ is an enemy of the government and therefore she should be removed.
But it is not CJ factor which is at issue here. It is the Rule of Law which protects you too against unjust treatments by those in power, perhaps those who are in opposition now. At that stage, there would not be anyone who would come to your rescue if there is no Rule of Law in the country.
So, let CJ be punished strictly according to the principles of natural justice by adhering to the Rule of Law and not otherwise, if she has committed a crime. If she is tried by a tribunal which disregards these principles today, then, it will be you who would be in the guillotine next time.
At that time, don’t cry for justice!
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concerned / January 7, 2013
HE the president has appointed an ‘independent’ committee to review the PSC report !!! what has happened to parliamentary sovereignty ? as stated by the chairman of the PSC a committee cannot review a report prepared by a PSC of supreme and sovereign parliament !!!
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Real Peace / January 7, 2013
Trueman
….calm down..take a deep breath… count backwards from 10…hope you are feeling better. CJSB must receive a fair trial and that’s what she is fighting for. Neither you nor I can say she is guilty. Do you understand? This should be tested in a court law. This tyrant has been breaking laws, constitution and law & order at his will, but no one has the guts to challenge. For the first time this tyrant is shaking….ha..ha..because of a woman…shame….same..please ask him to stop dying his 100% grey moustache….!!!!!
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Lover of Justice / January 8, 2013
But again, the committee is shrouded in secrecy and the names of the committee members are not announced.
None of the media people had raised this factor.
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LK Perera / January 7, 2013
This is not a time to relax, or trust the regime will take note and step back. On concrete terms, biggest impact is, as I see, going by the commitment GSL gave in 2002 to UNHRC ( to make this kind of decisions (even though already confirmed as conducted not per law) on apex court judges subject to judicial review) it is now confirmed by a judicial review that this decision is not actionable.
So, this is really a matter beyond something UNP, UPFA or their respective masters can play politics with.
But, the this is regime that redefines politics. They can take extreme steps to have its way.
It must be noted it’s the pvt. individuals, the legal team, who appeared for CJ, who safeguarded and brought the process this far, taking it beyond the likes of Ranil W, as whatever he says or does ( just as his team at PSC wasn’t allowed to come to its senses and walk out until CJ’s legals team did that) this is beyond that sham of debating voting and the executive pronouncing the obvious outcome.
It’s a battle, the regime can very well start, but it can’t stop, as it’s not with the judiciary, not with parliament opponents, with demonised ethnic groups. It’s with some unknown entity. No amount of acolytes, advisors, or even the judges themselves reversing this process can’t stop if the regime moves to the next more vulgar and barbaric phase.
Common people such as myself will suffer and end up in even more misery, but, if this vulgar phase brings some long term benefits, cleaning up the political system incl. all parties, the judiciary and bureaucracy and they all become more accountable to the people, who they all claim to fight for, that misery will be still worthwhile.
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Sam Samarasinghe / January 7, 2013
Judiciary is above all. All Sri Lankans except 07 fools are happy to see impartiality and independence of Judiciary.
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Siriyawathie / January 7, 2013
What you are saying is common to the masses that are aware of Judiciary. But the masses surrounded by MR and his henchmen see their power greedy attitudes are above all. That is what we ve been facing our folks today.
Soon now, general public would take the law to their hands following the behaviours of the rulers. Keeping buddhist monks aside, Mervin shamelessly use his sorta filthy speeches in press briefings – have we ever had this kind of situations in the past ? Never… Country has been ruined by the incumbent and his henchmen since 2005. War victory is the only thing that the folks can comfort today.
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JULAAMPITYE AMARAYA / January 7, 2013
please tell us the names of 7 fools.
so called P S C OR some from so called diywannaoya piggery.
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Gamini / January 7, 2013
“PAKKALI SERVICE COMMISSION”
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kali / January 7, 2013
Hi Kollupitiye
MR
MR
MR
MR
MR
MR
MR
Happy
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Justin / January 7, 2013
The parliament of Sri Lanka(SL) made the citizens to falsely beleve that the Parliamentary Select Committee(PSC) had the right to; a) Inquire the Chief Justice(CJ), b) violate her individual rights c)humiliate her and d) make the position of CJ a “toothless bulldog”.
The members of parliament of both the UPFA and the UNP must resign immediately and the parties should be banned because; a) they violated the constitution of SL, to which, they took an oath of compliance and b) they are guilty of contempt of court by their refusal to comply with a court order to appear in court.
Further, Wimal Weerawansa, a cabinet minister of UPFA, criticised the judgement of the appeal court, which can also make him loose his civic rights in a court of law.
Obviously, since 1972, SL had “Kangaroo legislature” with full Sinhala ethnic blast, fashioning “Kangaroo Courts” and racist military, to obstruct justice to Tamils and force down injustice.
Recently, even the individual and Human right to honour the dead was met with brutal military force in Jaffna University Campus, violating the “constitution” of SL in its colony of Tamil Eelam(TE). Civilised norm recognised by human race to honour the lives of the dead was disallowed.
There is no apology yet, either from the military or the GOSL. There are only threats and intimidations from the Education Minister, who lost his civic rights in the past and was in jail.
Clearly, the spill over of violating the rights and the constitution, is now also to the Sinhalese. But the truth is that any system of injustice is unsustainable.
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jaya / January 7, 2013
The Government was so hurry to remove the CJ and they thought that the majority of the Parliament can exercise what they need. It is necessary to put in place a fair hearing and SC has been taught a lesson government to stop a “making hoppers theory”
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Oh Danny boy / January 7, 2013
THE MAGNIFICENT SEVEN INCLUDING THE HAIRY SPEAKER(YULE BRYNNER), HAVE NO CHOICE BUT TO SHOVE THEIR DOUBLE BARREL GUNS SITUATED IN BETWEEN THEIR LEGS UP THEIR ASSES AND RUN FOR LIFE BEFORE THEY ARE ALL LOCKED UP IN WELIKADE FOR LIFE AND SHOT TO KILL BY THE S T F AT A CONVENIENT TIME.
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Ronny / January 7, 2013
Oh Danny Boy, then what about the “would-be beneficiary” the biggest commission receiver if the CJ was impeached and also Leela/Villager, ex-CJ and the Kelani-thug who respects lamp posts by lowering his head to sniff and raising his sarong and one leg to pump a few drops of liquid ammonia. Now, who will pay all the expenses in this unconstitutional and illegal PSC proceedings and also billions lost as the country almost came to a standstill. Even our cricketers may have failed in Australia due to the instability situation in Sri Lanka. The repercussions would be disastrous just to quench the thirst of the “LOOTERS” for not allowing “DIVI NEGUMA”.
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pissed off citizen / January 7, 2013
CJ would have been the darling of the Rajapaksha family, if she allowed Mr 10% to control all Divi Neguma funds.
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kali / January 7, 2013
Citizen hope you are still pissing as 10% is a lot less than the 100% plunder by MR and his clan
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Kamal / January 7, 2013
When uneducated fools are elevated as Judges this is what happens
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kali / January 7, 2013
your answer shows who is uneducated moron
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Patta Pal / January 7, 2013
The whole thing is to be expected. Parliament is supreme in that it can make laws, and the SC only comments to see if the law in line with Constitutional provisions.
Its quite simple really, if the SC determines that the Standing Orders are not law and therefore NOT legally binding, then the PSC has not rights other than to advise parliament. It cannot recommend the inevitability of the CJ’s removal.
So until an acceptable procedure is legally in place for the removal of a CJ, she cannot be removed. So it is simply an Act of Parliament that is first required. Then the procedures as prescribed in that Act must be followed through.
It is pointless now for the Opposition to even attend a debate, whose legality and effectiveness is only limited to within the Parliament. The cannot go outside and impose any authority. So let them change the law first. Then attempt to dethrone the CJ based on the revised law.
By that time the President and his yes men will have eaten enough crow, and will be swimming in a bottomless ocean to hide their shame.
Thanks judges for reiterating what is plain and simple, as there can be no other conclusion.
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Lion / January 7, 2013
What was constitutional in the past (in cases of CJ Neville Samarakoon etc.) is constituitional now as well, because it is the same 1978 constitution that made it a mess. Constitution say “by law OR by Standing Order”. So, as long as as they did it as per constitution which is the supreme law of the country, it should be lawful as well.
Appeal court doesn’t have the power to order the Parliament to make law. It’s the parliament on its own can make law. This is a clear case of judiciary taking a wrong stand.
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kali / January 7, 2013
Lion you have hit your head somewhere while running through the Jungle. You are dazed but this is only a guess as I dont know the extent of injury may be you are seriously hurt and need a head transplant.
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Philip / January 7, 2013
Do not relax the govt. does not take these verdicts lightly, so whatch your step and be on guard. Anything is possible under this tyrany.
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Dr M L Najimudeen / January 7, 2013
I salute the fearless judges who proved their integrity and honesty.
I am thankful to Colombo Telegraph for their impartial act
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justice / January 7, 2013
The Court of Appeal has decided,and this is to be welcomed.
But,what will the parliament – the 2/3 majority of the government – decide?
Can they overturn the Court of Appeal decision?
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premalal / January 7, 2013
It seems the government is going to table the impeachment motion in parliament and adopt it on the 11th this month.Readers! propose how this catastrophic situation can be prevented
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nimal / January 7, 2013
rajapaksa try all srilanka hes grand prant give to him acting like that put justice free all the world not politico
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R de silva / January 7, 2013
The Government has this time ” bitten more than they can chew “, in their haste to impeach the Chief Justice.
There is an old saying ” Fools rush in where Angels fear to tread “. With a whole heap of fools in Parliament, what can one expect.
We the public commend the Chief Justice, for the brave stand she took by taking on the Government. We are very proud of her, and fully support her in her endeavour to fight against the Governments attempts to subjugate the Judiciary. We are also proud and have the highest regard and respect for the Judges of the Judiciary for quashing the Parliamentary Special Committee report on the impeachment of the CJ. To the Legal Fraternity, “Well Done” continue the struggle against Government tyranny.
A word of caution to the powers that be – remember what happened to the President of Pakistan in the not too distant past,when he tried to remove a Senior Judge.
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kamal nissanka / January 7, 2013
Judges both in the Supreme Court and Court of Appeal have performed their duty towards the constitution on the basis of their oath.Now it is up to the legal community first and then to the people to take appropriate actions,tactics and strategies. If the government is going to perform the illegal debate in the parliament,both the executive and legislators are performing an illegal, criminal, anti constitutional, anti civilized act. Without the rule of law the regime can not be regarded as a democratic entity.
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Dr.Rajasingham Narendran / January 7, 2013
The day of judgement will be tomorrow ( 8th January’ 2013). If the parliamentarians of the governing alliance defy the court ruling and take the impeachment process further, the public will have to assert their judicial sovereignty directly, to force the government to comply. As I expect it is public opinion that is finally going to turn the table on this government. No one is to be blamed for this other than President Mahinda Rajapakse. He has unwisely brought upon a calamity on himself and his government. This is a mortal wound from which this government will find it difficult to recover. The president has to take the blame for letting the issue to become what it did. The conductor has to take the blame for the bad music provided on this occasion by his orchestra.
Dr.Rajasingham Narendran.
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R Trueman / January 7, 2013
I don’t quite understand what your point is however I do get where you’re coming from and whatever you thinking of “just a dream” and keep day-dreaming, Dr!
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pissed off citizen / January 7, 2013
It is the president who is doing all this, using cats paws to do his dirty business.
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kali / January 7, 2013
Sorry Dear Dr
In sad Sri Lanka the thugs will always win as they rule by terror forger justice
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Dr.Rajasingham Narendran / January 8, 2013
Nothing is permanent. Every dark cloud has a silver lining. There is yet hope. The buds of hope have emerged and will bloom unless we forget what has happened over the CJ issue and memories of past failures that have been rekindled , once again , as is our national habit and go into deep slumber/ hibernation. Every time we wake up, we may find more has been robbed from us. Eternal vigilance is the price for liberty, freedom and democracy. The elite have to lead from the front, which means the elite have to understand the qualities of leadership Mahatma Gandhi had.
We have to demand that the state media be divested and made into the likes of the BBC in the UK or the public broadcasting system in the US.
We have to demand major constitutional reform that will incorporate everything we have learned about the weakness of the present and past constitutions , and the persons they have permitted to govern us.
We have to demand changes to our learning system ( it is misnomer to call it the educational system).
We have to reform our public and police services and wean them from political influence.
We have a lot to do following the hope generated through the CJ episode.
We have know what the government is doing- open access to information is a must.
We have to have an activist judiciary,as in India.
We, the people are the crucial factor in making positive things happen. Blaming others should not be our national past time any longer.
Dr.Rajasingham Narendran
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Naushad / January 7, 2013
We respect Sri Lankan judges, mostly their judgments are fair and trial. now she has to be more careful and concern about her life. becoz, these depraved guys will do any thing for money.
we pray for your safety and healthy life. God has safe guarded you from this heinous shit eaters.
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Charles Perera / January 7, 2013
WRONG. SC has made a fool of itself by giving a wrong verdict.
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LK Perera / January 7, 2013
It would be helpful if you could clearly point out why do you say wrong here. But, please don’t repeat what is mentioned in lankaweb, as it’s already there to read.
And, accepting the judgment, though one may not personally agree, is part of responsibilities as members of a modern societies we (including political leaders) have to accept, or you don’t agree with that ?
Just think of parents and students who went to SC to get relief from so called leadership training and CJ SB ( and other benches) dismissing their application. they simply had to accept, and if they wrote (living in SL and hoping to go to university) what you are writing now, where would they be for challenging SC judgment, just consider.
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kali / January 7, 2013
Brother what is your thesis on. Is it Jungle justice
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Chandra / January 7, 2013
Charles Perera
You appear to be the Constitutional expert and read/see into things that we humble citizens have no knowledge of.
Would you like to elaborate on why the decision was wrong and how SC made a fool of itself?
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kali / January 8, 2013
Hi Prince Charles,
Frankly I dont want to waste my time as you wont get it through your thick head. Ask who sorry I cant think of any one
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pissed off citizen / January 7, 2013
The hole impeachment process has been concocted by a two-bit third class lawyer now acting as a dictator and his ex-policeman brother along with a group of corrupt rabble with no proper education beyond the 8th standard. One of them was in the central controlling group along with the JVpers who brought death to thousands of innocent civilians in the late 80s. Even more bigger countries like Libya, Egypt, Iraq led by much powerful leaders were decimated by their pig headed conduct and sheer impunity towards law and order and justice. I strogly hope that the people power will consolidate behind the judges and other law abiding and peaceful citizens of this country and sweep out this regime of mob rule, and corrupt totalitarian parliament of dogs bodies.
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concerned / January 7, 2013
firstly the SC did not give a verdict, it was a determination or a constitutional interpretation.
secondly, in accordance with art. 125 (1) the SC has the ‘sole and exclusive jurisdiction’ to interpret the constitution. therefore whether we like it or not, a SC interpretation is valid thus any act contrary to same will ultra vires the constitution; which is a serious offense as MPs have affirmed an oath to uphold and defend the constitution.
finally it is appalling yet interesting to note how many ( including my driver) have become jurists and taken upon themselves the burden to interpret the constitution !!!!
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Dinu / January 7, 2013
I am happy that our judiciary is supreme and not a bunch of politicians (PSC), Brand new 2013 given a good lesson to idiot rulers!
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Ukussa / January 7, 2013
How true is the universal Buddhist paradigm “Sathyameva Jayathe – Truth Conquers”.Do no put to rest our anti impeachment endeavors.The regime commanding a tremendous illicit and unpopular power and the “Three Musquateers” hell bent to dethrone the CJ and above all the not much educated trio exacerbated with ego concentric vanity, arrogance and empty pride, will not take this verdict lying down.If MaRa honors the SC verdict he is really wise and great. But people doubt. He will resort to criminal action being misled by goons like legal Silva and Peris. As Mervyn Silva under ground gogns will also be acrtivated, all concerned have to be very cautious. The Villagers have to be educated on this issue, as they seems disinterested so far and have to enroll their vigorous involvement and participation in the anti impeachment struggle,should the regime displays stubbornness further on Verdict.”Honda Honda Netum Elivena jaameta” Lets wait and see in this current 13th year.
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Retd Judicial Officer / January 7, 2013
The nation owes a great debt of gratitude to the learned judges of the SC and Appeal Courts for the firm stand they took to safeguard the judiciary without which it will be the law of the jungle.
Un educated thugs got washed in as Members of Parliament as the nation trusted the Medamulana thug after he ended terrorism.He first placed the Security Officer brother a clueless man as Speaker to ensure no impeachment will come his way if there was a revolt in his group.Then brought the other Mr 10 % as super Minister and all was set to rob the country for years having robbed all this time.Sarath Silva that shameless womaniser saved him from the Tsunami funds fraud and the bastard had the guts to say that it was error when he was a terror when he was in the SC.
The time is right for a third force to emerge and save the country as the UNP is useless under Ranil W must go.
The nation must call for a fresh election and the position must get together.
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shan / January 7, 2013
BRAVO JUDGES THE MOST EDUCATED…PRESIDENT ALSO SHOULD BE BELOW THE LAW.
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