By Colombo Telegraph –
“The Chief Justice is grateful that the members of the Bar have unanimously agreed that the proceedings against her have been conducted devoid of the principles of natural justice and without affording her a fair hearing, and that they have called upon a cessation of these proceedings unless these principles are adhered to.” say CJ’s lawyers.
Issuing a statement on Chief Justice’s instructions the lawyers say; “Dr. Shirani Bandaranayake remains committed towards her efforts in ensuring that judges in Sri Lanka are able to perform their functions without interference and with sufficient safeguards that will protect their independence.”
We publish below the full statement;
Media Release on behalf of the Chief Justice on today’s Bar Association meeting
The unanimous resolution passed by the General Membership of the Bar Association today vindicates the position of the Chief Justice as to the attempt to impeach her by a procedure devoid of fairness and without adhering to the basic principles of natural justice.
Today’s General Meeting brought together nearly 3000 lawyers from Sri Lanka- the largest ever gathering of the legal profession in Sri Lanka. The Chief Justice is humbled by the fact that so many lawyers have gathered together to express their commitment to safeguard the independence of the judiciary of Sri Lanka. She is also moved by the deep commitment of the members of the legal profession- including the junior members of the profession. She is encouraged by their commitment to justice and fair play.
The Chief Justice is grateful that the members of the Bar have unanimously agreed that the proceedings against her have been conducted devoid of the principles of natural justice and without affording her a fair hearing, and that they have called upon a cessation of these proceedings unless these principles are adhered to.
Dr. Shirani Bandaranayake remains committed towards her efforts in ensuring that judges in Sri Lanka
are able to perform their functions without interference and with sufficient safeguards that will protect
their independence.
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Moda Simiyong / December 15, 2012
Shirani Bandaranayake has to know that the lawyers are protecting the judiciary. She must now continue to uphold the law and not do what she did to Fonseka and the 18th amendment. Three cheers for our Lawyers!!!! We have to depend on them to clean up our , sick, uneducated, uncouth, greedy, stupid, self serving self absorbed , unprincipled, unethical, useless, parliamentarians. In government and opposition.
The golden key case was, totally mishandled by Srirani Thilakawardena as well. She should have given a judgement in favour or against the central bank. Instead she tried to make a settlement. She can not understand any thing about finance. She made a mess of it. She was under the impression ,that people keep money under mattresses. Her theory obviously promoted by an interested party was, to deduct all interest paid , with effect from the day the deposit was made! She was, under the impression. That people had given their hard earned money to Kotalawela , for safe keeping and he had given the deposited a bit of their money every month!!!!!
How smart!! This lady takes the cake the bun and the bakery!!! Who was she trying to help here ? Unfortunately Shirani Bandaranayake , just ignored the plight of those people , who had suffered for so long. She could have helped by getting advise and finishing the case.
What goes around comes around. Learn the word compassion when you, are handling cases mrs Bandaranayake.
Also teach your husband to quit with out succumbing to pressure.
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Lanka Muslim, UK / December 15, 2012
Remarkable words, should reach the ears and brain of Shirani so that she will at least from now on as a Judge stand for what is right and not other. The country and people need such persons for salvation.
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gamini / December 15, 2012
The myth about the President being all powerful under the JRJ Constitution is exposed. Here the President with his tail in between his legs looking for an escape route, where he has to retreat at the hands of a woman at that. His War Victory too is a myth. The LTTE after closing the Mawilaru anicut drew the Govt. forces to a staged war, where the LTTE buried all the weaponry and retreated leaving a skeletal force for the Forces to over run them and capture the entire NE. The last was the LTTE being holed in Killinochchi with the civilians and here too there was no confrontation as the LTTE has vacated Killinochchi. The final was the LTTE holding the civilians as a Human Shield but all the civilians were allowed to escape to the Forces command. Then the story of the white flag, where the LTTE was to surrender but was butchered which was not what VP had agreed with MR. This is the story of the War that the Americans and the Indians staged for MR, closing the theatre for Indeppendent observers. To prove this hoax, if one is to get the number of Forces casualties for the period Jan 2007 to May 2009, the thirty months, will prove there was no such war but only a Propaganda War. Therefore if one could give the exact number of Forces dead for the mentioned period, the name, rank, division and the addresses to counter check, will reveal that MR cheated the masses in this LTTE war as well. Over yo you David Blacker, get the list.
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mike / December 15, 2012
Shirani Thilakawardene is actually Shiran Buran??
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ASIF / December 15, 2012
Yeah,shirani Tilakawardane had the Malay blood,very fearless
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Wuliangguobinjiu / December 15, 2012
Then how come she worked alongside Prof. Hoole as an administrative person of the Church of Ceylon (Methodist)?
I believe she is a Christian Tamil(father christian tamil) married to commercial lawyer Tilakawardena (a UNP supporter).
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Real Peace / December 15, 2012
This iron lady should be the one to become the common presidential candidate – the sooner the better. We should agitate for this. I have no doubt she will win. Having won the election she should dissolve the parliament and conduct a fair election and she should abolish the executive presidency. She must oversee that the parliament (with of course decent MPs!!) becomes most supreme ligislative and executive institution of this nation.
Will she do it? I believe she will.
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Ronny / December 15, 2012
I too fully agree with your view except that of “IRON LADY”. Iron can easily rust when exposed but not Gold. So, why not we call her the “GOLDEN LADY WITH A VERY BEAUTIFUL SRI LANKAN SMILE”. She is gracious, very brave, very honest, intelligent, calm, highly qualified, devoted mother and wife and more than anything almost all the peace-loving Sri Lankans wish her to be the leader of Sri Lanka to save all of us this time from the ruthless looters of our national wealth.
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Real Peace / December 15, 2012
Yes I agree she is a golden lady. Her innocent smile will send any Rajapakse home in any election.
I think she needs to contest the presidential election as an independent candidate – the opposition parties should unanimously support her.
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MAHADANNAMUTHA / December 15, 2012
I HAVE TO AGREE WITH MODA SIMIYONG. LET IT BE QUITE CLEAR THAT THE LAWYERS OF OUR COUNTRY STOOD TOGETHER FOR “THE JUDICIARY” AND NOT FOR SB WHO MADE A LOT OF WRONG DECISIONS AS CJ. SHE PUT A LOT OF INNOCENT PEOPLE TO GREAT DIFFICULTY, WHILST ALLOWING WRONG DOERS TO GO SCOT FREE. SHE THOUGHT THAT SHE COULD RIDE ROUGH SHOD OVER THE CEYLINCO DEPOSITORS DURING HER HEYDAY. NOW THAT SHE HAS BEEN HUMBLED SHE PROBABLY REALISES HOW IMPORTANT IT IS FOR THE PRINCIPLES OF NATURAL JUSTICE TO BE SAFEGUARDED,WHICH SHE HERSELF DID NOT SAFEGUARD OR EXTEND TO THOSE PEOPLE IN THEIR PLIGHT, WHEN SHE COULD. HATS OFF TO OUR 3000 PLUS LAWYERS WHO MET TODAY AND DECIDED TO SAVE THE COUNTRY BY SAFEGUARDING THE LAST BASTION OF DEMOCRACY IN THIS LAND.SHE MUST REMEMBER THIS LESSON IF SHE COMES OUT OF IT SAFELY.
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Patta Pal / December 15, 2012
What a country where we have had a fair share of CJs who have ruled incorrectly and have got ourselves into this mess. It is obvious that they have not practiced an independent opinion, but have been influenced by unlawful means, and the country has paid the price.
I question the right therefore of any President to appoint these people who have proven to be inept at their job, the latest included.
It is therefore left to the BASL to take back the independence of the Judiciary as their clarion call to save the profession from permanent disrepute and the Country from a lawless state.
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justice / December 15, 2012
“……………….. the principles of natural justice”
“………….commitment to justice and fairplay”
All lawyers have affirmed these.
It is to be hoped that,not only the Chief Justice,but all citizens who throng law courts daily,will benefit.
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Mahanama / December 15, 2012
Had the supreme court being forthright in its decisions in the last few years parliament wouldn’t have dared an impeachment in the first place.Its conduct was subject to controversy under Sarath Nanda Silva and allowed the executive to politicize its affairs to a great extent. The bedrock of parliamentary democracy was vitiated by his now infamous judgement to allow parliamentarians to ditch their political parties and voters and remain unseated irrespective of their treachery and thereby create a loophole in the electoral system and allow the party in power to cajole into their fold through bribe and exemption from litigation into the conduct of their shady characters. This incipiently has allowed the party in power to build its numerical strength to alarming proportions within the legislature though not representative of the popular vote as manifested in the present parliament.This myopic piece of jurisprudence by Sarath Silva remains the main generative cause for virtually all ills that afflict our polity, specifically abuse of power and governance.
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Kumari Waduge / December 15, 2012
CAN SOMEONE KNOWLEDGEABLE PLEASE STATE WHETHER THE SC CAN NOW ANNUL THE SARATH SILVA JUDGEMENT WHICH PAVED THE WAY FOR POLE VAULTERS TO CONTINUE WITHOUT VOTER APPROVAL.
CAN THE SC ANNUL THE 18TH AMENDMENT WHICH WAS RUSHED AND TRAGICALLY BLESSED BY THE SC.
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Wuliangguobinjiu / December 15, 2012
Try filing a fundamental rights petition and you will know!
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A Depositor / December 16, 2012
Don’t worry, the Bar association and its chairman will unanimously back the CJ, Shirani Bandaranayake to annul SARATH SILVA JUDGEMENTS, 18TH AMENDMENT or any thing for that matter to bring the President and the Government to its knees and rule the country from her bench.
Only, they do not know that Shirani Bandaranayake is like the proverbial crab in that pot of cold water where fire being lit under it.
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Safa / December 16, 2012
Thanks to the bar for resisting the pressure of the executive. As reported in the Sunday Leader.
President Rajapaksa had last week also called a meeting with lawyers to push for support for the government and the impeachment process.
During this meeting he had dismissed any chance of appointing an acting Chief Justice until a final decision is taken on the impeachment against Bandaranayake.
He has told several members of the Bar Association of Sri Lanka (BASL) and heads of several state corporations at a meeting to summon around 1,000 pro-government lawyers to Colombo for the special BASL general meeting.
It is learnt that the lawyers have been criticized for keeping silent without speaking in support of the government while enjoying positions and privileges provided to them by the state.
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Rizvi Mustafa / December 16, 2012
Of course she will thank for any support she can get.
She is in hot water because she has got a 15 lakhs discount from Ceylinco and was hearing the Golden Key case.
Nice work if you canget it!
RM
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