The de facto Chief Justice exposed himself in the worst possible manner in courts today in the Fundamental Rights case filed by the parents of Ganesan Nimalaruban a prisoner in Vavuniya who died in custody following a riot.
De facto Chief Justice Mohan Pieris
When counsel for the petitioner Saliya Pieris commenced his submissions CJ Mohan Pieris said that the case must be concluded within the day as the victim Nimalaruban was a terrorist who had started the Vavuniya prison riot.
When Counsel for the petitioner pointed out that there was no material before court to prove the victim’s connection to the riot, de facto CJ Pieris indicated he had personal knowledge about the incident.
During the Vavuniya prison riots in June 2012, Mohan Pieris was an advisor to the Ministry of Defence, a position that has repeatedly called into question his right to hold high judicial office given his proximity to powerful members of the ruling regime.
CJ Peiris told court that people have a larger and more important fundamental right to be free from terrorism. Commenting on the United States of America Sri Lanka’s Chief Justice said the US was setting standards on counter terrorism and recently US forces killed a woman driving into White House.
Dismissing the case, Mohan Pieris told the counsel for Petitioner: “Your client will seek asylum after filing this case. “Terrorism must be dealt with strongest possible way just like in Chechnya. Nimalarauban is a terrorist and how else should he be treated? ”
On being contacted a Senior Counsel who did not want to be identified states that according to Commonwealth legal traditions, it is unethical for a judge to use his personal knowledge in determining a case since a case must be heard on its merits as set before the courts. If he had personal knowledge of the case Pieris should have recused himself from hearing the petition, the senior lawyer said.
Ajith / October 14, 2013
It is an example of the law of rule and authoritarian state rule. It is up to the Sinhalese to decide on whether they need the law of rule or rule of law.
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Wretched Bathiooudeen / October 14, 2013
@ Ajith.
Why only the Sinhalese? What about the other minorities. Don’t you think they have no rights in this matter? Be Careful. Navi Pillai is looking out for people like you.
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Ajith / October 14, 2013
It is not about rights. It is about power. Tamils and Muslims have no power to determine who should rule Sri Lanka because of the number game. Tamils and Muslims are not against the rule of law but it is the Sinhalese who deviate from the human norm of rule of law.
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Haram / October 15, 2013
Ajith dont show ur stupidity. im sure u are a muslim. that is why you sound so stupid.
while Hakeem and other so called muslims support the government you need sinhaless to act against the government ?
while thonadama ( wathu demala) is supporting the gvernemtn u want sinhaleess to go against governemnts.
it is people like Hakeen and thondaman are the people whpo used to jump to the powerful party and allways be in the government.
Muslims are nothing morethan a cancer to the world and to sri lanka. u guys are very hypocrite and stupid.
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Ajith / October 15, 2013
Haram,
I am neither a muslim, hindu nor buddhist. I am an individual interested in Sri lanka’s welfare and good governance. Hakeem, and Thondaman are political opportunist’s like UNP cross overs and leftist backboneless politicians. Out of the total population, Sinhalese are 75% and other minorities are 25%. Therefore, virtually it is the Sinhalese who elect the government. They are the people who can force the government to respect the rule of law and justice system. If you say muslims are cancer to the world then it also applies to Sinhala as well in Sri Lanka.
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Haram / October 15, 2013
look at what you say,
“Sinhalese who deviate from the human norm of rule of law…”
Now this statement has no proper meaning.the closest idea we can have is that sinhaless are not abite by law. which says sinhaless are not following law., which says they are not lawful.
how can you make such a statement. this is a very rasict statement.
if you say all sinhaless are rasit by looking at few of them ( i dont agree wiith what the president and his family does in this country), without any doubt, Ismal it self is terrorism.
I agree with what u say ” I am neither a muslim, hindu nor buddhist” and i add some thig to that. You are not man no woman too. u are in between.
[Edited out]
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Ajith / October 15, 2013
Sinhalese are the people who elected Rajapakse expecting that he will run the nation by rule of law because it is a constitutional requirement. If he deviates from the norm, Sinhalese should not elect him again and again. Rajapakse represents Sinhalese and Rajapakse is racist and terrorist (you agree with it). If the Sinhalese are not racists then they should express it democratically.
If you want to know whether I am a man or woman or in between you are welcome to find the truth if you are prepared to accept my conditions.
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Thiru / October 16, 2013
Is this guy Pieris the Chief Justice of the Mahinda’s Court Jester. It appears he is the latter!
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Kalpana / October 14, 2013
Seems that this de facto CJ and political clown Mohan Pereis does not the know the first principles about making judgments – what a hideous miscarriage of justice here!
This de facto CJ should be sacked and tried for contempt of court and legal principles and processes!
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Capucine da Silva / October 18, 2013
Is not it the duty of the opposition to bring in a motion to interdict the so called moron? What is the opposition in SL upto?
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kay / October 14, 2013
This can happen only in srilanka. Where else in the world a judge decide a case on his own information. He should not have heard the case. But what else do you expect from a barbarian.
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mike / October 14, 2013
That is why he is called MORON Peiris, the unlawful Chief Justice of Sri Lanka!
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Puma Punku / October 14, 2013
Yes, he’s a scumbag not worthy of any comment but just raw filth.
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Maithree / October 14, 2013
It clearly shows Pillay’s thinking of this Govt is moving towards an authoritative state. High time for the International Courts to be involved and sent this unqualified man to MR’s underwear where he was.
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Lapatiya / October 14, 2013
No, No we are not alone. There are some friendly countries like Swaziland, Belarus, Uganda.
“Api yanne Koi pare – Idi Mahin Yana Pare”
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Native Vedda / October 15, 2013
Lapatiya
“Api yanne Koi pare – Idi Mahin Yana Pare”
Idi Mahin yanne Koi pare?
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Arakku Beepang / October 15, 2013
[Edited out]
We are sorry, the comment language is English – CT
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Javi / October 15, 2013
[Edited out]
We are sorry, the comment language is English – CT
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Lapatiya / October 15, 2013
NV
Moron peiris yanneth e pare.
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Sengodan. M / October 14, 2013
Only a CJ who came through the back door will behave like this!
Sengodan. M
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Max Silva / October 14, 2013
Oh this character Saliya Peiris [Edited out]This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy
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Native Vedda / October 14, 2013
Max Silva
“Oh this character Saliya Peiris [Edited out]”
Go on I am listening.
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JULAMPITIYE AMARAYA / October 15, 2013
you mixed the name idiot Saliva.
not Saliya Peiris but moron licker Moragan Peiris.
You again, another licker who was kept underground for some time emerged.
of the payroll of Jarapassa clan but from our tax money,.
F King Malabari Jarapassa and clan paying Bill Pottinger to stay in float.
Giving Us, Sinhalese a Shame, which cannot be removed.
Remember there are thousands of mothers of Sinhalese, Tamils, Muslims and others are crying for their Innocent CHILDREN KILLED BY THE REGEME FORCES and Cursing for YOU ALL, Jarapassas, killer goons of Forces, and paid Hench men like you and Moron Perises.
Those Curses are from their Angers and have immense of powers like Light, sound.
So better expect the very bad results in due course.
“RAJA BAHAWATHU DHAMMIKO”????????????.
With Idiot F King.
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Michael / October 14, 2013
People will have to sadly through a lot before this regime collapses. It is sad that this country never really comes out of a crisis and gets to where countries like Singapore and Malaysia are. The war, everyone assumed was the cause of this country not forging ahead but the war was just one problem caused by greater problems such as social injustice. This is classic example of how a dictator operates. Courts exist but function according to the dictates of the cronies appointed by the regime. Police exist but they function likewise. Elections are conducted to demonstrate democracy exist but the election commissioner cannot function independently. Media exists without freedom. It is a lovely picture painted on a canvass that is fragile. Parks, jogging tracks, roads, air ports, etc are all part of this painting.
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jimi / October 14, 2013
Personal knowledge of CJ,Then we don’t need LAWYERS…… OPADUPA ,KATA KATHA ,KELAM………HA HA HA
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Thrishantha / October 14, 2013
Holy crap! This guy seems to be smoking something very strong lately. What an insult to the judiciary of Sri Lanka!
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PunchiManike / October 14, 2013
It should be corrected in this way – wenna thiyena haniya une – on the day MR deliberately appointed the man for the position. Now, it s almost 8 months gone. Besides, in an environment, where MR keeps on sowing the seeds crimes to become daily agendas – what talks about judiciary. Latter is taking for granted many in the country today. That is MR^s governance.
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Java Jones / October 15, 2013
Thrishantha – I doubt it. If he HAD been smoking something strong, he would probably be a far mellower character. I think his twisted personality is probably a genetic problem. His record in the Judiciary is far too abysmal to put it down to smoking ‘something strong’. I wish he would, it would probably improve his character!!
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Thrishantha / October 16, 2013
Since law of precedence is part of the legal basis adopted by the lower courts, can they from now on quote this statement by the CJ to use personal knowledge of judges defying evidence?
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PalmSquirrell / October 14, 2013
“Personal Knowledge” ; a convenient excuse that can be used to besmirch any victim who seeks justice from government tranny.
Where is the evidence?
Why didn’t the CJ provide the evidence?
Even if he was a terrorist , if he was no threat then extra judicial killing is still unwarranted.
CJ shows what a Rajapaksa hack he is . His American example does not even apply here because the woman rammed a security barriace, struck a uniformed Secret Service personnel and refused to stop . Clearly a case of imminent danger, whereas the victim in this case was already in Prison and no evidence has been provided to show he was an imminent threat to those around him.
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bganendra / October 14, 2013
What more can you expect from a Govt stooge. do not waste your time. You are well aware that SL is a banana republic.
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Uthungan / October 14, 2013
The senior lawyer who preferred to remain silent is correct.
The CJ should have recused himself,and not dismissed the application.
How absurd for him to say to the lawyer appearing for Ganesan Nirmalaruban that his client will apply for asylum when he is dead.
Will Kamalesh Sarma,David Cameron,or down under Aussie PM Tony Abott take note? No Certainly not.
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Dr.Rajasingham Narendran / October 14, 2013
No evidence presented nor examined. Why was the court convened? Was it only a formality to deliver a verdict that was predermined? The Attorney Generals department could be authorised to deliver such a verdict. What is the role of the Supreme Court ? Does not seem much different from how CJ Shiranee Babdaranayake was hounded from office.
What a pre-conference preview of how the Sri Lankan ‘ home grown’ democracy functions for the Commonwealth heads of governments!
” Arai nananaintha koelikku kulireythu aethu pani aethu” ( Tamil proverb)
( To a chicken that is already half-wet, does it matter whether it is cold or it snows-
We are beyond the pale.
Dr.Rajasingham Narendran.
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santhan / October 14, 2013
Dr.N.R,
Its is not ‘Arai’ but “Ara”.
Ara = Total.
Thanks
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JULAMPITIYE AMARAYA / October 15, 2013
SANTAHAN,
Ara = Total ?????
I think;
Ara= Arai= Half.
[I am a Sinhalese, correct me if I am wrong].
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Dr.Rajasingham Narendran / October 15, 2013
Santham,
Arai in this instance means half, while Ara meand full. You may be right. However, I learned the proverb with the word Arai.
Dr.RN
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Pasel / October 14, 2013
CJ shouldn’t allowe to hear this case ,
He is conflict of interest in this case,
Further more the women got shot by the security forces in US was a mental illness person and she didn’t cooperate with the police and they saved her 1 year old child unharmed from her car
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R.Dias / October 14, 2013
..who is this Chief Judge sitting on presumptions…what justice can be expected from a …..er ….ing ….tard like this ? The entire legal system is in shambles…..what CHOGM for this Country….the UK Prime Minister..Prince Charles should be ashamed of visitng this Country…
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I am Sri Lankan / October 14, 2013
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punchinilame / October 14, 2013
If this matter is further probed, it will reveal that someone from the
MoD had given direction to annihilate Nimalaruben. This is now prevented
by the verdict, which was guaranteed to the MoD at its direction!
This is a timely example for the CW Lawyers Association, which can
only make any sound but will not fall on the deaf ears of Kamalesh.
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Arakku Beepang / October 15, 2013
Kamalesh Sharma is not deaf. His pockets are full.
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Kettikaran / October 14, 2013
This is what happens when you bring in an insignificant junior lawyer to a high position dignified by the men of the class of HNG Fernando
and the like. We are back to the pre-Republican ages when Kings dispensed justice the way they pleased. This is the quality of justice that can be expected from a “kept” CJ who gets instructions from the political “above” Back to the dark ages.
Kettikaran
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Fathima Fukushima / October 14, 2013
Well done CJ. This is the best way to handle these terrorist junk.
If Tamils have any dignity left they should leave SL. As they don’t have dignity they will continue to booty lick this type of officers and cry genocide.
Shameless and stateless!
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PalmSquirrell / October 14, 2013
You wish they would leave, so that you are 1 step closer to a Singhala only nation, but ain’t gona happen, and there’s nothing you can do about it.
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ilyasfazly / October 15, 2013
i think you should get your head examined….fukushima1
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JULAMPITIYE AMARAYA / October 15, 2013
Fuka Simba.
Shameless malabari F King is Shivering, and in fear,
so do the Axx likers like you,
Why eat from Taxpayers money.??????
Better beg in the roads with your other Stooges.
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Bin Koran / October 15, 2013
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Dr Arun Vincent / October 16, 2013
My dear Fathima Fuk U Shima,
Just because of you left, do not think that Tamils will leave Sri Lanka.
As to CJs comment about refugee claim, his statement is more than enough for all those Sri Lanka refugee claimants to succeed in their pending claims because CJ had declared that there is no state protection in Sri Lanka.
I feel sorry for this CJ guy. Since he lost his daughter few years ago, he had become a moron. He has nothing to loose now. Just passing the rest of his life in luxury. I cannot blame him. Look at GL Peiries, as to how le lost his credibility since he became a politician.
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Lapatiya / October 14, 2013
Why not this Moron Peiris use his “personal knowledge” and prepare a list of Terrorists to be killed and given to Grease Piya.
Very convenient “Naduth Maha Rajage Baduth Maha Rajage”
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JULAMPITIYE AMARAYA / October 15, 2013
Nadu F Kinge,
Badu NAAMALGE.
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Levi / October 14, 2013
biased Judge is no judge. If he was so sure why was he prosecuted and found Guilty.
No one is guilty unless proved guilty beyond reasonable doubt.
What can you expect from people who play games after blind folding the Umpire.
This is out Fate, Karma to be born in Sri Lanka.
Lets us accept it.
Long Live Cheap Justice and may foul play prosper.
levi
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manisekaran / October 14, 2013
Comedy judge ( Sirippu judge)
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justice / October 14, 2013
A prisoner who was beaten to death is labelled a ‘terrorist’ by a top judge who clims ‘personal knowledge’!
If he had “personal knowledge”,he should NOT have heard the case.
He should have,instead, been a witness for the state.
What does the legal fraternity have to say.
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Arakku Beepang / October 15, 2013
I wonder how far his personal knowledge goes. Does he have intimate knowledge of what occurred inside that prison.
Did he witness or sanction the beating death of prisoner Ganesan Nimalaruban.
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Nagarjuna / October 14, 2013
Good lesson for Saliya Peiris and Co. These people shamelessly compromised with their integrity and had audacity to accept MP as CJ and appear before him. So mp has every right to let them learn a costly lesion.
This so called group of ‘lawyers for restoring the rule of law’ very well know that MP, when he was accepting the office of the CJ he blatantly violated the constitution as the jure CJ was forced out of the office by illegal means enabling MP to accept office.
This so-called group of lawyers for restoring the rule of law and the Unacceptable conduct of the bar association has effectively rediculed the entire judiciary in the eyes of right thinking people of this country.
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mark / October 15, 2013
Not true. Saliya Pieris and others like Mr. Romesh De Silva PC Nalin Ladduwahetty Weliamuna Sumanthiran have not compromised their stand.They continue to appear for Dr. Bandaranayake and her husband and to fight for the cause. They have no option but to appear before the impostor because else their clients will suffer.
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kabaragoya / October 14, 2013
If he had personal knowledge, he should not have heard the case. Does the man know nothing about the presumption of innocence. He is an insult to the law. But, obviously, the president is proud of him because he justifies the bones that are thrown his way. The judiciary has been brought to low levels.
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Voice of Justise / October 14, 2013
This CJ is there to read out the rulings of MARA. But he has to justify the decisions so that he comes out with bogus explanations on behalf of his master.It shows that people of this country no more have the protection of the law especially the Tamils and other minorities under puppet CJs and full fledged dictators like MARA
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Namal Perera / October 14, 2013
Why bother? Our democratic Sri Lanka is now a corrupt, lawless Banana Republic with Jungle Law that serve and protect only CRIMINALS.
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parthtjipan / October 14, 2013
What about navanthuri case?
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Raj / October 14, 2013
King Kakille & his Kangaroo Courts?
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essie / October 14, 2013
‘Your client will seek asylum after filing this case’. Is the CJ deaf? Did he not hear the case at all? or know that the man was dead? or was he perhaps warning the parents and any future petitioners.
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Piranha / October 14, 2013
This is beyond belief. How ignorant can a lawyer be? Mohan Pieris is an ignoramus of the first order. He has brought terrible disgrace to the office he holds and will be a laughing stock among the legal fraternity all over the world.
He does not appear to know the basics of law. If he had intimate knowledge of the case beforehand he should never have been on the bench to hear this case. This is a cardinal rule that he has broken. How can the people have faith in him? Shameful! Utterly shameful!
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Arakku Beepang / October 15, 2013
OH no, Mohan Pieris is not an ignoramus. He is an opportunist. A pandan- karaya. A servile ingratiate living on the crumbs thrown by the MR clan towards his craven pockets.
MP is not an ignoramus. We all are, to have voted the tyrannical MR clan to power. MP is a crawling insect in the authoritarian MR game play.
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Piranha / October 15, 2013
Spelling out the reason for his verdict makes me wonder if this man really knows the law he has the power to dish out to the aggrieved parties. His reason for dismissing the case was not acceptable in law. He should not have been on the bench. Him being a pandankaraya is besides the point. The man was wrong in law.
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Kris / October 14, 2013
Well done CJ…. Doing it in USA style.. Coooooooool…
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