23 September, 2020

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CPA Seeing Phantom Dragons In Administration: De Facto Chief Justice

Making another highly partisan statement from the bench de facto Chief Justice Mohan Pieris accused the Centre for Policy Alternatives which has filed a challenge to the Government’s Appropriation Bill for 2014, of seeing “phantom dragons” everywhere in the administration.

De facto Chief Justice Mohan Pieris

“You view with suspicion, everything that this administration does,” the de facto CJ told Counsel appearing for CPA when the case came up before court today.

Arguing stringently for the Executive Branch of Government, Peiris said that the Court worked on the premise that all public officials work within the law. There were plenty of sanctions and safeguards against Public officials misappropriating public monies, he argued.

CPA is challenging sections of the Bill because it allows Ministers and public officials – both part of the executive branch of Government – to transfer allocated monies arbitrarily and enter into debt without the prior sanction of Parliament which under Article 148 of the Constitution has full control over Public Finance.

“We can’t keep running to Parliament at every turn,” the CJ said adding that too many checks and balances would make the process tedious.

When Counsel for CPA referred to statements made by UNP MP Harsha De Silva in Parliament regarding Government borrowings to illustrate that despite the CJ’s argument that public finance was handled impeccably, the de facto CJ retorted: “So according to him (Harsha De Silva), all public servants are a bunch of fools, are they?”

Peiris told Counsel for the petitioner that he was going on the premise that there were “no competent people going into matters” with regard to public finance appropriation.

“Why don’t you have any confidence in them? I have never seen the kind of debacles you are referring to” the de facto CJ told Court.

When Counsel for the Petitioner raised the issue of Government borrowing without the prior approval of Parliament, the CJ argued that Sri Lanka’s debt repayment record was impeccable and much better than that of the United States.

Quoting from legal experts Peiris said that to face modern challenges, the legislature was being called upon to give more and more power to the executive. He asked CPA lawyers to try and understand how the modern world works.

With the de facto CJ having argued the case for the Government, the Deputy Solicitor General Indika De Silva rose to make submissions and repeatedly prefaced her points with the statement “as your lordship correctly pointed out.”

She told Court that the Appropriation Bill could not be inflexible.

Attorney at Law Suren Fernando appeared for CPA.

The case was a glaring illustration of how fused the executive and judicial branches of Government had become with the ascension of Peiris to the helm of the judiciary. In the past while Judges would call Counsel’s attention to this or that point of law or section of the constitution, they would not argue in favour of the executive that was essentially the respondent in such a case, legal analysts noted. Furthermore the representatives of the Attorney General’s Department would also be grilled by the Judges which simply did not happen in this case.

With Peiris in charge, the Government was sure decisions at the Supreme Court would not go against them or make life difficult, analysts said.

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Latest comments

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    We all know the following:
    1. Mohan Peiris had a close door opinion with the Government on contentious issues affecting the Appropriation BIll, where Indika Demuni also participated recently.
    2. Mohan Peiris is the former spokesman of the Government and close friend of world’s most corrupt Central Bank Governor Nivard Cabraal.
    3. Mohan Peiris has vested interest in the Government and he was appointed after impeaching the De Jure Chief Justice, though he had a hand in the impeachment order of the parliament.
    4. Mohand Peiris does not believe that people, civil society or anyone else have a say in a democracy

    So what else do we expect from this fellow?

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      Attorney Mudliyer:
      You are asking, “So what else do we expect from this fellow?”
      The answer is that all you can expect from a pig is a grunt and this swine is no exception.

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    (“no competent people going into matters” with regard to public finance appropriation.

    “Why don’t you have any confidence in them? I have never seen the kind of debacles you are referring to” the de facto CJ told Court.)

    Is CJ Pieris Dumb deaf and blind (all respects to the deaf and blind. Did he not know that in July 2008 former Chief Justice Sarath N. Silva, the Court found Dr.P B Jayasundera to have acted above his authority, violated provisions of the Constitution and was disqualified from holding public office.

    Name one competent authority or persons going into matters that affect the Public Finances.

    Sri lanka has such an impeccable loan repayment record that “our” friends are charging margins of 6% on re-scheduled loans.

    Mohan Peiris is an embarrassment to the Judiciary nd for that matter Sri Lankans

  • 0
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    a phantom CJ

  • 0
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    There is no sense in Commenting.
    The above can be the only comment appropriate.

    LTTE Kangaroo Courts were far more superior than what is happening to Sri Lankan Pseudo Judiciary.

    May the Triple Gems Save Sri Lanka. Or are we heading for eternal Bliss.

    Levi

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    Going further down the drain, with the blessings and sanction of the Supreme Court! Has the Supreme Court been irredeemably transformed into the Supine Court ?

    Dr.Rajasingham Narendran

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    Hopefully the de facto CJ will one day be brought forward before the same court and receive due justic…

    Meantime, hope the damages that is been done will be corrected in time to come

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    We are in serious trouble aren’t we?

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    Is the defactot CJ is the “Court Jester” of the Supreme Court of Sri Lanka?

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    Get ready for phantom justice.

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      See, listening to this man^s dialogues I have the feeling he is talented, but why to fall on that low level president to caricature him. I really dont know why the lanken law professionals fall on this kind of appalling levels.
      Alone the profession related to laws come from them being honest. But our lankens of this kind have destroyed it just because of their petty selfish gains

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    Pieris is a hack, a ‘man’ with no honor or shame. What more can be said.

  • 0
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    “Birds of a feather….!”. What more can one expect from this administration?

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    C P A – Please do not waste your time in the sri Lankan kangaroo courts.

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    Modern day “King Kakille”

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    Should ask Commonwealth SG Kamalesh Sharma – he is so good that he has managed to convince the recalcitrant regime to behave, particularly the rule of law. Don’t we see the result now?

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    cheat justice CPA?

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    This Cheap Justice has brought himself to the level of a defense lawyer and did not hold his position as a Judge. This is a visible violation. This proves clearly to the international community that this Cheap Justice has no right to hold the position of a Chief Justice.

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    Whoa !!!!! Now this is the joke of the century. A country’s Chief Justice explaining how prudent the government’s economic management is. Worse he is comparing our economy to that of USA. A few pertinent questions to your lordship , if that’s what you like being called.
    A) Are you aware that this country’s economic value per year is equal to one and half months revenue of Wal Mart USA ?Fyi Wail Mart is the world’s largest discount store which i am sure your lordship or the rulers who installed you there do not shop in as it may be way below your bolstered images funded by the sweat of the working masses.

    B) In such a small economy such as this would your lordship accept that almost 3% as documented in the COPE report goes for bribery and corruption. This is what can be accounted for. I am sure your lordship is sensible enough having been successful to get there in the most bizarre circumstances to realise that the COPE report was in fact a direct indictment on the public servants and their political masters.

    C) Since your lordship compared our economic management being more efficient than USA i am compelled to request your lordship to log on to Google and search for the tax returns submitted by President Obama. In fact your lordship can access all the previous presidents tax returns as well. Every cent they earn even after selling a book has to be accounted for. Their weekly meal bill for the first family has to be accounted for and settled to the white house kitchen. Even the replacement of the oval office carpet was turned down last year as it was not included in the budget which has to be approved by congress. Your lordship need not have to brain of a five year old to figure out that in this resplendent Island getting a public official to be transparent is a pipe dream let alone the president who ironically has far more power within this country than the President of USA has in his.

    I can go on further but consider it an utter waste to try and get people who live with the corrupt for the corrupt to understand sense. As for Suren Fernando i am sure his late father Justice Mark Fernando must be proud that his son fearlessly took on a corrupt regime. Your lordship enjoy while it lasts for when it ends you will not recall what you enjoyed.

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