By Colombo Telegraph –
Chief Justice Shirani Bandaranayake is going to fight until the end and six prominent lawyers are going to represent her the Colombo Telegraph has reliably learnt. A member of her leagal team who spoke to Colombo Telegraph on the condition of anonymity said that the Chief Justice is planning to call more than 700 witnesses.
Chief Justice Bandaranayake
Last week Chief Justice’s son Shaveen Bandaranayake wrote that her mother will not back down from anything and she has always fought for what is right and will do so until her last breath.
Meanwhile Daily Mirror reported the Mahanayake Theras of the three main Nikayas have requested President Mahinda Rajapaksa to reconsider the need for the impeachment motion against Chief Justice Shirani Bandaranayake that had been handed over to President’s elder brother, Speaker Chamal Rajapaksa by ruling party MPs on Thursday. The motion will be presented to Parliament today.
Malwatte Chapter Mahanayake the Ven. Thibbatuwawe Sumangala Thera, Asgiriya Chapter Mahanayake the Ven. Udugama Sri Buddharakkhitha Thera, Amarapura Nikaya Mahanayake the Ven. Dawuldena Gnanissara Thera and the Ramanna Nikaya Mahanayake the Ven. Napane Pemasiri Thera have in a letter to the President said it appeared that there was an atmosphere of crisis in the country and among the international community, centered round the impeachment motion against the Chief Justice.
“Irrespective of which is supreme out of the three entities — the Legislature, the Executive and the Judiciary — when it comes to safeguarding law and order of the country it is clear to any person who respects the principles of democracy that all three institutions are not second to each other in supremacy, the four prelates have said.
They said that the law was bonded with human civilization and was for the welfare of human beings and therefore the essence of Buddhist law was to consider it as the duty to subjugate the unrighteousness and propagate righteousness by controlling behaviour of individuals and ensuring the well-being of society.
The Mahanayakes said they considered it the supreme duty of all those who expected the well-being of humanity, to create an environment where the law could be implemented independently and impartially.
The main opposition UNP stressed yesterday that international and local legal experts should be allowed to observers the proceedings of the impeachment motion against the Chief Justice, also calling for a live telecast of the hearing.
UNP Senior Vice President and MP Lakshman Kiriella told journalists that observers from the International Bar Association, International Commission of Jurists and representatives of BASL and local Judges Association should be allowed to observe the proceedings in order to ensure transparency.
He said the government should allow independent observers both from here and abroad and also a live telecast of the proceedings as it was essential to determine the charges against Chief Justice Shirani Bandaranayake are genuine or fabricated ones. Besides he said these are practices followed by many countries today.
He also said the UNP would have to participate in the select committee proceedings as it has been made compulsory that opposition members participate in it by the Constitution. Mr. Kiriella further stressed that the UNP should participate so that the party would be able to determine the charges against the Chief Justice. “We have decided to participate in the select committee proceedings in order to ensure justice to Chief justice,” he said.
Chief Opposition Whip John Amaratunga told The Sunday Leader that The main opposition United National Party (UNP) has decided to form a committee to look into the impeachment motion brought by the government against Chief Justice Shirani Bandaranayake and the committee will study the motion before deciding on the next course of action.
The UNP had on Friday convened a meeting with party leader Ranil Wickremesinghe to discuss the issue of the Chief Justice. Amaratunga said that the UNP policy is to ensure the independence of the judiciary and the party will do its utmost to fight to secure that independence.
Meanwhile former Chief Justice Sarath N. Silva said that the motion cannot be argued in court as it is a matter purely in the hands of Parliament. “Once it is presented in Parliament and if it gets passed then the President can remove her,” Silva told media.
Democratic Left Front Secretary and Minister of National Languages and Social Integration Vasudeva Nanayakkara said that the party leaders have not signed the impeachment motion. Nanayakkara told The Sunday Leader that he will give his views on the motion once he sees the allegations after it is presented in Parliament this week.
The Bar Association met President Mahinda Rajapaksa last week and urged him to withdraw the motion on the Chief Justice.
Wuliangguobinjiu / November 6, 2012
No Legislature, No Executive No Judiciary No Constitution does not matter but,
If there is No DHARMA
The purpose of life is lost.
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gamini / November 6, 2012
I wonder if there is no Dharma whethewr purpose of life will be lost? How many live by Dharma or Adharma? The majority live without Dharma. Does it mean they have no purpose of Life?
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Wuliangguobinjiu / November 6, 2012
I dont mean it to mean any religion – period.
No being is perfect (absolute) because we are human but one needs a benchmark to guide us and there is nothing higher than dharma.
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gamini / November 6, 2012
Wullan, the Good and Bad is common to all mankind. All Religions preach society to do good. It is that some make use of Religion to interpret matters to their own advantage and create life miserable for all. This has to be stopped.
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Venura / November 7, 2012
There is DHARMA, but MARA BROTHERS have put it into R.I.P. along with DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA IN 1995.
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SERUVILA SENARATH / November 9, 2012
WULI;
IS THIS THE SO CALLED DASA RAAJA DHARMA.
BECAUSE AS SOME SAYS, MAARAYA IS THE AVTHAR OF KING SAKVITHI.
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Senaka / November 6, 2012
The people of Sri Lanka will stand with the Chief Justice – Lankas’s first women CJ and fight tooth and nail against the greedy and murderous dictatorship of the Rajapakse Brothers which has turned the country into the world’s laughing stock with their power grab.
Not event the worlds worst dictators including Ghaddafi where so greedy!
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PresiDunce Bean / November 7, 2012
The same thing that happened to Sarath Fonseka will happen to the Chief Justice. The majority will remain silent while a few protests will be organised. Compared to the Rajapaksas’ Gaddafi was a kindergarten kid.
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Gamini / November 6, 2012
This is similar to other instances where MR brothers using their strong arm method to get rid of opponents to take the country on a dictatorial path. This impeachment is not against the CJ but against all the freedom, justice and democracy loving Sri Lankans. MR wants to make the country another IDI AMIN like dictatorship. MARAS has started to plunder the country’s wealth giving it to their goons and supporters to keep the dynasty intact.Also their sound mind is questionable. Therefore everybody including Asian Human Rights commission, The International Jurists and especially the British, European, Canadian and Australian Jurists should come to help CJ in this case. Since MR dictatorial regime will lead to another bloodbath in Sri Lanka and force people similar to 1983 to flee Sri Lanka and seek asylum in those countries making a burden to their economy. Therefore please act soon.
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RAJA / November 8, 2012
Mahinda Rajapkse should be called IDI MAHIN
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hansan / November 6, 2012
Sarath some times talk out of turn, May be lots of Money or women involved.
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Mala / November 7, 2012
Sarath was complaining recently that MR did not return the favour he did to MR in that case “Helping Hambantota” when MR was accused of diverting Tsunami donations to his private bank account.
Subsequently MR and Sarath met at a funeral for an ex-Justice, wher MR
tried to make up with Sarath.
So now Sarath thinks that this is the opportune time to get his reward from MR. Also Sarath is jealous of the current CJ and so giving hos
2-cents worth of advice.
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Upali Wijewardene / November 6, 2012
Wood Pecker
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Jayantha / November 6, 2012
If no Legislaature, No Judiciary, No Constitution; It matters; Matters to All; Then Rule of Jungle will come and prevail.
All will be judged according to its norms!
It is up to All to accept or refuse it.
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Wuliangguobinjiu / November 6, 2012
Dharma comes from the classical Sanskrit language which is dead like Old Latin (not classical).
I am not talking of any religion- period.
Suffice to say: Dharma (righteousness; sense of public duty or virtue) lives in the hearts of public men; when it dies there, no Constitution, no law, no amendment, can save it.
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N .Wimaladasa / November 6, 2012
Even under the our democracy pratice of nation Capitalist democracy order , CJ can call more than 700 hundred withness for abslove of her illustrious Innocence.
Indeed ours, Sri lankan legal framawork not yet innovated bathometer to an invegastion or search of Witnness credibility!
Nation Sovergnity, terrorial of healm in our Judiciary.
Our soverginity and democary is most important and parmount issue of CJ’s Imperachment,Is has nothing to do with the tantalizing of democracy and corrupation of RULING CLASS IN WHO ARE IN POWER AND GOVERANCE TOP OF HELAM OF STATE POWER.
What I think is corruaption has PENETRATE every sphere of State organ incuding Independance Judiciary.ITS BEYOND DOUBT.It gone beyond exceeding controal by Executive Power of Presidency.( most Powerlfull authority in Demoacracy Socilast Republic of Sri lanka)
People become VIOCLESS, authorites ( Who are in POWER every organ of State)become more powerful ever– than ballot; ballot lost PEOPLES power of democracy.
The persons who are survival after the vicibile corrupation in Judiciary System and seek Justice for contemptous of self culvation. Sorry to say instead of FIGHTING FOR RIGHTS of the people, Politiacl leader, parties and elites and certan thinking thanks and average persoanls ,are support for unrepentent corrucapted persons seek fair play in the PUBLIC.
This is nothing PROVIDE ASSIATNCE TO OBSOLESCENT PERSONS WHO ARE corruatpted OF regain thier repuation and helaping to REINREGRATED INTO PUBLIC LIFE.
System of Justice TURN INTO UPSIDE DOWN.
This imperachment seems to battle between freedom for corrupation and Rights of Freedom peoples’ democracy and Soveignity of Law.
wE HAVE TO LERAN LESSONS FROM JUDICIARY HOW THE INDEPANDENCE JUDICIARY TO BE CREATED BY DEMOCRACY ORDER IN SRI LANKA.
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Nisal Amarasingha / November 7, 2012
Please give us a break Mr,Wimaladasa. What language are you writing these posts in.If it is English you should go to a night school. I wonder why the C.T. Editor keeps publishing this gobbledegook.We the readers need some respite from this nonsensical verbal Diarrhoea.
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James Bond / November 6, 2012
IN fact and in law the Judiciary is above the other branches of the state – the legislature and the Executive in a democracy and is a higher order of checks and balances of petty and corrupt politicians.. The CJ and judiciary is also morally and professionally above the Executive and legislature because those who sit in the judiciary are PROFESSIONALS with the highest qualifications, unlike the Executive or legislatures of Lanka who are singularly UNEDUCATED and lacking in qualifications or moral sensibility. This has been the case in Sri Lanka except for Sarath Silva.
On the other hand the Rajapakse brothers top the list as the most uneducated and morally unfit Executive and legislators of Sri Lanka. None of the Rajapakse brothers has a basic degree from a recognized university.
It is this band of uneducated, thieves and goons from Hambantota who are harassing the judiciary because the Basil the uneducated petrol pump man form LA wants to turn poverty reduction into a political circus and loot the Samudhi funds via the DiviNeguma Bill which is an awful piece of legislature and contrary to internationally established standards for good practice in poverty reduction and inclusive development, in addition to violateing the fundamental Right to Information.
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Lanka Muslim, UK / November 6, 2012
The Shirani Bandaranayake issue is a good lesson for all those in the Judicial and legal system,academics and professional, who barter their positions for perks and favours of politicians, to assert their dignity and respect at least in the future not to cow down to the whims and fancies of these corrupt, communal and violent politicians. Once they cow down, they have to continue doing it and if they defy they are doomed.
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Keen Citizen / November 6, 2012
Well said. Additionally, the politicians themselves. Shocked that you barter your rights, respect and the freedom for a short term gain. Have they not realised that if tomorrow they are dead, they too will be in the same situation as the ordinary citizens and those high officials who are trying to do honest work. I think this is a wake up call to all the politicians to at least now do the right thing and not agree to say “yes” to the rulers.
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Sataka Nataka / November 6, 2012
This is a shame for the educated and law abiding Sri Lankans, this MA-RA regime should send to Hague for war crimes and then only the Sri Lankans can spend their life with happiness.
No matter you are a Sinhala/Tamil/Muslim/Burgher or isrrespective of any religion, these MA-RA’s regime should end up like the Sun Goat in Nandikadal lagoon.
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H wijesuriya / November 6, 2012
President must think twice on this matter. This might boomerang on him very soon.At this stage we must not allow a dictator to dictate terms to public and destroy the the Rule of Law. All must come forward to fight this unethical and arbitrary action of president and have a one voice to save the Country and the Rule of law defeating this malicious act of the executive.
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Oh my God! / November 6, 2012
Fight for your rights, Madam CJ….even if you lose, use this opportunity to expose all their corrupt activities. That is the way to win hands down!
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Newton / November 6, 2012
Overwhelming majority of sinhalese people endorsing the actions of MR in every single election .Problem must be with democratic system or people of srilanka but definitely with MR
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Punchinilame / November 6, 2012
If shifting CJ out is the State response to an a Bill, the question
is why this Bill is so vital to the Regime?
The future control of Voting anywhere in the Island will come within
Basils control via the use of this Bill, and it is a must if the Regime
is to live for ever, “democratically” !!!
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Lion / November 6, 2012
We salute the supreme court for its correct decision.The government is hell bent on doing any thing what it wants.It is obsessed with power and the impression is that that could do any thing in this country whether it is legal or illegal.This despotic regime has to be stopped before long it takes all the democratic tights of people.We appreciate CJ’s courageous stand in this issue.We hope and pray all those who support to safe guard the democracy of this country stand by her at this crucial hour.
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Jim Hardy / November 6, 2012
This is a test between Dharma & Adharma (Good & Evil) we can judge all stooges of Govt who signed & supported it.
They should be shamed & vilified.
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Punchibanda / November 6, 2012
if this issue would work out to become long awaited waterloo of the MR governance – would be the best for all of us :)
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Senguttuvan / November 7, 2012
Party leaders’ not signing the impeachment motion is intriguing. The Mahanayakes – now 4 as opposed to the 2 in Kandy as always – throwing their hat into the ring late in the day is curioser. Some suspect MR is behind both and is likely to go back to barracks since the heat is a little tough to bear. But much damage has been done to the image of the CJ by the charges of the Ceylinco/Trilium proxy purchase and the excessive bank balances. Phew! Who said Lankans are poor – and that too Supreme Court judges – most of whom usually depend on their monthly salaries????
Senguttuvan
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AYMAN / November 7, 2012
THE WOODPECKER HAS AT LAST PECKED ON THE BANANA TREE AS THE OLD
SINGALA SAYING GOES. LETS WAIT AND SEE
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Benett / November 7, 2012
The boomerang is taking shape – this will spell desaster for the MaRaRegime. What we witness is the beginning of the end of the family rule.
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S.W Smarajeewa / November 7, 2012
Mr Nisal Amarsinghe Sir .. charges against CJ extremely serious.
Sir,this proposed charges againt CJ has reveal, how far CJ is corrupted,while discharge her duty in supream court as CJ?
It seems to be as Higher Court Judge she has engage of misusing power of CJ position involment in the NAME OF INDEPENDENCE OF JUDICIARY?
What ever the position and power she holding before Imperchment she should come out facts ,she has to explian charges corrupation against before dismissed of CJ position ?
Public have right to know, what is going on inside Judiciary under CJ leadership?
What type of Justice is CJ doing for public on Fair and Equal pratice in Our highest Courts?
CJ must answer to corrucpation charges aginst her before Elecated Member of Parliment and PEOPLE OF SRI LANKA.
We have serious doubt about her INTERGRITY and HONEST untill she Explian to PUBLIC and answer during her delebration in the Parliment Imperachment session by CJ.
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S.F / November 8, 2012
This is retribution. It was not very long ago that she teamed up with Sarath Silva in allowing M.Ps to cross over. This is how they got a two thirds majority. Serves her right for subverting the peoples verdict. what goes round comes round
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michael fernando / November 8, 2012
He/She who has not sinned at all[should have] cast the first stone[signature]. Who could have been that saint out of these 117 signatories?
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Mohan / November 8, 2012
Can any reader of this blog tell how CJ Sirani is connected to ex-President Chandrika??
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whodunnit / November 9, 2012
CJ is young. She has eleven years more. It was widely rumoured that the supreme court would give bail to Sarath Fonseka. He was pardoned before that embarassment. Then Cj’s husband was coaxed into agreeing to purchase The Finance Shares by a coterie of top guys including a menetary guy . The Secretary of the Finanace Ministry who is fighting with a top official got the President to cancel the deal. The CJ knew from the husband how he was made the scape goat by those friends in high places. A couple of decisions were against the government. The die was cast. Get rid of the CJ as she will be there at the next election. Simple Rajapaksa logic. So, who will prevail? The people are dumb in this country. Roads are done. Big spend big income. How many in parliament supporting the paksas have bigger skeletons and files? As long as you tow the line….all ok. God bless our children. Development meaningful is better than development at any cost for cosmetic reasons. 900 plus railway crossings without gates but fancy roads and walkways huh? Simple mathematics. Prelates are cosmetic too. Like everything else. These guys have taken this to a new level. Military is hovering around in civilian areas to frighten the masses. We will pay for generations for keeping quiet
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kumisura / November 9, 2012
The CJ is NOT connected to the former President, if by “connected” you mean some kinship relation. The CJ is plain Bandaranayake. Pres CBK is DIAS Bandaranayake or DIAS Bandaranaike (one nevers knows how these people spell their name), as are all her relations. The CJ and the former President have no kinship ties whatsoever. Dias B’s and plain Bs have very different ancestries.
It was professor G.L.Pieris who pushed for Shirani Bandaranayake’s appointment to the Supreme Court from the position of senior lecturer in Colombo University. Maybe President CBK had ever even heard of Ms S.B. until GLP praised her to the skies. So this was NOT a case of nepotism but a case of an influential ex academic with the gift of the gab persuading the President to give one of his students a terrific promotion. At the time many people thought he was planning ahead for his own need to have a “friendly” S Court. However, now that his protege is revealing an independence and backbone that is gladdening the hearts of many of us, we wonder whether he will leave her in the lurch and meekly sign the impeachment motion.
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