Commonwealth Lawyers Association (CAL) and Bar Human Rights Committee of England and Wales (BHRC) sought to intervene into the controversial appeal of the Attorney General and make submissions. It is the first time in the Sri Lankan judicial history that these internationally renounced law association are seeking to assist the Sri Lankan highest courts on a vital case affecting the entire commonwealth.
Chief Justice Shirani Bandaranayake
On July 15, 2013, Vijitha Herath (Member of Parliament, Janatha Vimukthi Peramuna – JVP) and R. Sampanthan (Member of Parliament – TNA) who are respondents in a controversial appeal filed by the Attorney General (AG) to reverse Appeal Court and Supreme Court rulings that held the kangaroo style Parliamentary Select Committee (PSC) findings against Chief Justice Dr. Shirani Bandaranayake unconstitutional and illegal, have filed motions underscoring that they should not be denied their rights to be heard – both in objection to leave to appeal being granted, and also to raise any relevant questions of law if court decides to grant the AG leave to appeal.
Read the submissions filed by the interventions here
Related posts;
CJ Impeachment Appeal To SC – TNA’s Sampanthan Also Complains Of AG’s Irregular actions
CJ Impeachment Appeal – SC Sets Aside Ex Parte Order Obtained Through AG’s Irregular Tactics
CJ Impeachment: Order Due On Preliminary Objections To Controversial Appeal By AG
CJ Impeachment: FR And Appeal Cases In SC Refixed After Submissions
FR Cases Challenging Legality Of Standing Order 78A Refixed For July 25th As Asked By AG
Special Bench Refuses MPs Herath & Sampanthan Their Right To A Hearing In AG’s CJ Impeachment Appeal
CJ Impeachment: Vijitha Herath Replies To Attorney General’s Petition
Namal Perera / September 13, 2013
This would not have taken place in democratic Sri Lanka, we all should not forget that we now live in a corrupt lawless Banana Republic with Jungle Law where only criminals are served and protected.
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warnakulasuriya anton fernando / September 14, 2013
like this
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Kumar R. / September 14, 2013
Any comments from the once vociferous protectors of Sri Lankan sovereignty? How about you Dayan? Why the silence? Has another bit of enlightenment set in – or are you still hallucinating you have not changed positions?
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Fedrick / September 14, 2013
These are just jokes. See today how Sri Lankan Magistrate work. I went to court to get justice on closing a small Garage locate/opertae in high residential area by violating all government laws. PHI report, CEA report, Police report and even Municiple Council report. But court even did not look at all these things and ordered Municiple council to give licence to this illegal garage (thug) which operate less than 14 perch and less than 20 wide road in high residential area. Is this the rule of law. Later I found this magistrate is sleeping with garage owner’s wife and garage owner heavily influenced for this magistrate with many ways. Now I have only UN help. CJ and law authorities educate low level magistrate and penalised them to clean Sri Lankan legal system
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Ranmal de Mel / September 14, 2013
Having now been completely upstaged will the Attorney General withdraw the appeal or will the learned judges throw it out? What price judicial independence?
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Thondamanaru / September 14, 2013
There should be “first time” for anything……….
Thats how one gains the experience and improved knowledge.
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Silva / September 14, 2013
The regime’s, its goons’ and cronies’ and Dayan’s expiry date is approaching. The international players as well as Sri Lankan dissent are aligning themselves against the corrupt and clown dictatorship. There will be the dawn of a new era for Sri Lanka, a new democratic government. Confiscation of massive amounts of plundered public money, incarceration of thousands of thieves starting from the very top to the bottom and the denaturing of the very social physic to its former form is going to happen. Current is an incubation period of a revolt against the Rajapaksha myth and putrefaction. Everybody get ready!
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Silva / September 14, 2013
Sorry a typo-correction; “renaturing of the very social psyche”
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Lapatiya / September 14, 2013
Intervene of Commonwealth Lawyers Association and England and wales(BHRC) in our Judicial Matters can be described as interfering in to our sovereignty.
We don’t need any assistance from foreign countries on any legal matters as our independent Judiciary is capable of handling this kind of Situations. Also we have “Home grown Solutions” ready for any problem.
These Commonwealth Lawyers Association and others should know that the decision is already written in “Araliyagaha Walawwa” as advised by Sec. General of Commonwealth, Kamalesh Sharma and Mr.UKU. It needs only the Signatures of most Independent Judges of the Supreme Court.
Once the Decision is out everybody can understand how our Independent Judiciary works.
“Suba Anagathayak”
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Luxmy Silva / September 16, 2013
Then SriLanka will have to withdraw frm the Commonwealth (and the UN) – then members of the organisations can’t interfere in a non-member’s ”sovereignty”
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Safa / September 14, 2013
‘As observed in paragraph 4.3(e) of the written submissions filed by the 12th Respondent (the Respondent on main arguments),the Attorney-‐General relies heavily on an article authored by Dr Mark Cooray which was published in the ‘Daily News’ in support of his Second Ground of appeal.’
We have an AG who relies heavily of News Paper articles to file court actions. What would happen to the country if he doesnt read the Daily News on a particular day?
‘6. This brief is submitted in support of the Chief Justice, but the CLA and the BHRC wish to make it clear that they do not presume to examine or comment directly on the judgment of the Court of Appeal in this case. Rather, the main purpose of this brief is to clarify an issue of United Kingdom law which has been raised by the Attorney General in the course of his appellate submissions -‐ namely the procedure by which Supreme Court judges may be removed from office in the United Kingdom.’
AG quotes UK law to justify the unjustifiable and his bluff has been called. Will he withdraw his motion and resign? Illan Kanawa.
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gamini / September 14, 2013
If the Educated, Intelligent, Honourable in the world, intervene in this matter our Pseudo Intellectuals will be exposed. The lot including Mark Cooray will be like ‘Pambagaley Patalunu Nariyo’.
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kumar / September 15, 2013
This is very interesting development of Legal history of Sri Lanka.I really cannot understand how it’s work with our jurisdiction.We are within the Commonwealth but Judiciary govern from under our constitution and Civil court and supreme court procedure rules.They cannot appear in our court or they cannot submit any written submissions.They are only a observers.Only exception is if there is no any previsions under our judicial system i believe our judges have rights to follow commonwealth or any other international precedence to taking to consideration.
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F. N .De Alwis / September 15, 2013
Only last week my Friend a doctor lost a case to a person who illegally claims part of his property without any deed etc but on letters produced to show that the have been using the part of his landThis is absurd
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Somalatha / September 19, 2013
How can anyone defend her Aney; She herself was corrupt in the first place. Now talking like milk-drinking baby. What a Kolama with the lawyer types.
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