22 April, 2019

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Delay In Appointing Court Of Appeal Chairperson Has Resulted In Constitutional Impasse: LFD

Lawyers for Democracy (LFD) stated that the current delay in appointing the chairperson of the Court of Appeal has resulted in a constitutional impasse.

Sirisena

The appointment of the Court of Appeal Chairperson has delayed as the President has refused the accept the recommendation of the Constitutional Council on the matter. The Constitutional Council has shot down the President’s nominee for the position, Deepali Wijesundara.

The full statement issued by Lawyers for Democracy is as follows;

Lawyers for Democracy calls upon the President to uphold the Constitution in appointing Judges

Lawyers for Democracy (LfD) is gravely concerned with the current constitutional impasse created due to the delay in appointing the President of the Court of Appeal. The process of appointment of judges set out in the Constitution must be respected to the letter and spirit of the Constitution. LfD notes that this delay sends a deeply troubling signal that the Constitution is to be disregarded according to the whims and fancies of the Executive and contrary to the Nineteenth Amendment to the Constitution. LfD takes this opportunity to urge President Sirisena to revisit his own pledges and to take immediate steps to uphold the Constitution. 

The vacancy in the position of President of the Court of Appeal arose with the elevation of the then President of the Court to the Supreme Court on 9th January 2019. Following this, the President appointed a judge of the Court of Appeal as Acting President of the Court of Appeal for two weeks. The same judge was appointed yet again to the same position on 24th January 2019 without the approval of the Constitutional Council (CC).  LfD is aware that the Constitutional Council has previously not approved the name of same judge for the post of President of the Court of Appeal. 

LfD wishes clarify the constitutional position in this connection:

a) According to Article 41C (1) of the Constitution, the approval of the Constitutional Council is mandatory for the appointment of the following: Chief Justice and the Judges of the Supreme Court, President and the Judges of the Court of Appeal, Members of the Judicial Service Commission other than its Chairman, Attorney-General, Auditor-General, Inspector-General of Police, Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament.

b) Article 41C (2) further provides that the approval of the Constitutional Council is needed for an acting appointment to the above offices for a period exceeding 14 days. Importantly, the proviso also requires that the approval of the Constitutional Council is necessary for acting appointments for any such office for successive periods not exceeding 14 days. The relevant provision is as follows: 

41C. (1) No person shall be appointed by the President to any of the Offices specified in the Schedule to this Article, unless such appointment has been approved by the Council upon a recommendation made to the Council by the President.

(2) The provisions of paragraph (1) of this Article shall apply in respect of any person appointed to act for a period exceeding fourteen days, in any Office specified in the Schedule to this Article:

Provided that no person shall be appointed to act in any such office for successive periods not exceeding fourteen days, unless such acting appointment has been approved by the Council on a recommendation by the President.

c) Article 109 (1) of the Constitution makes special provisions relating to appointment of an Acting Chief Justice or an Acting President of the Court of Appeal. Accordingly, an acting appointment can ONLY be made where the Chief Justice of the President of the Court of Appeal is “temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from Sri Lanka or any other cause”. In other words, for an acting appointment to be made, there must be a ‘permanent’ President of the Court of Appeal who is temporary unable to exercise, perform and discharge the powers, duties and functions of his office. 

d) Another special provision in Article 109 (1) is that such an acting appointment is subject to the approval of the CC. Thus, the 14-day period in Article 41C (2) has no application to an Acting Chief Justice or Acting President of the Court of Appeal. In other words, the approval of the CC is needed even for an acting appointment not exceeding the first fourteen days.

e) What is key is that there must be a permanent appointment of the President Court of Appeal before the President making any acting appointment. It is also significant to note that the appointment of a permanent President of the Court of Appeal is necessary for the validity and legitimacy of the Court itself, as Article 137 requires the Court of Appeal to consist of the President of Court of Appeal and six to eleven other judges.  

Thus the appointment of a judge as the Acting President, both for an initial period of 14 days and then again for another period of 14 days, is ultra vires the Constitution.

LfD notes regrettably that the President has failed to send the names of suitably qualified candidates to the Constitutional Council to fill this vacancy. We are also deeply concerned with President Sirisena’s statement in Parliament on 6th February where he attacked the Constitutional Council on this issue, without any lawful basis. Such unfair attack is unbecoming of the Head of State whose primary duty as provided in Article 33 (1) (a) is to respect and uphold the Constitution.

We also note that there has been a representation made by the Bar Association of Sri Lanka (BASL) pressing for an identified judge to be appointed. Such canvassing is inappropriate and highly damaging to the reputation of the BASL.

Lawyers for Democracy urges President Sirisena to take swift action to make appointments in keeping with the spirit and purpose of the Nineteenth Amendment and to do his duty as provided in the Constitution.

Lawyers for Democracy

Lal Wijenayake

K.S. Ratnavale

JC Weliamuna

Lakshan Dias

Sudath Nethsinghe

Sunil Jayaratne

Harishka Nadeeshan

Prabodha Ratnayaka

On behalf of the Conveners 

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Latest comments

  • 11
    2

    Why the hell are we not impeaching this bastard. Lock him up. Disgrace and moron. Bloody gamarala idiot.

    • 1
      0

      Kalu bokke, These bastards are trying to say something that many does not understand. But, the few intelligent people who are having the knowledge about the GLOBAL ELITE MAFIA which is running this world knows whats going on. Sirisena is a scumbag firstly belonging to Govigama clan. Then he is belonging to the most evil Political Parties (SLFP / the other one being the UNP) that the British created to rule the population remotely through puppets installed proxy govts. Sirisena and the entire previous GOVIGAMA criminals who became the Prime Ministers and the Presidents of Ceylon and then Sri Lanka have had one thing in common—- they are totally incapable to be the rulers of this nation. They are the worst and totally unsuitable for politics. The only thing they did well was working too much honestly for the Zionist cabal in the West by implementing their SECRET Agenda. For this purpose, they employ RACISM to keep the population forever divided on Racial, Religious and class levels. The brutal wars and conflicts the GOVIGAMA MAFIA family members created have devastated the unity among the communities through which the Govi criminals thrive by fielding their own family, blood relatives and the clan members as country’s leadership. Thats why these bastards did not destroy Mahinda and his evil brothers even though they did the most damages to the country. Even now, the Govigama owned media is propagating always, a Govigama Ruling Elite family member as the next President. They have hijacked the Presidency completely for them to serve their secret agenda. With a 20 million population, this country cannot produce a credible leader common to all communities to rescue this country due to this phenomena. It was due to the GOVI members who are spread in all sectors of the POWER CENTER controlling and gate keeping for their Mafia controls. This Sira bugger is just doing his duty to his clan only and he does not care about anything else.

      • 0
        0

        If you take on the many moves that this Sira bugger does, one who knows the game of the GOVIGAMA BANDITRY knows how to read the codes they usually make public in way to convey what their new plans are in the line. Like, if you happen to be a follower of Lankadeepa and Divaina, two of the most prominent Media (propaganda house) establishments owned and run by the Wijewardene Govi families, you would notice the frequency of Islamophobia and Anti Minority materials and racial incitement filled articles and writings flood in their Evil, Racist news media. That is an indication of their plans and the operational manuals signalled to their Armies of proxy groups (Sinhala Racist elements and pro Zionist agents) to get ready for the next mission. The Kandy/Digana, Aluthgama incidents have hundreds of indicators pre-plannings and post plan damage control efforts made to misinform the public and also by twisting the facts by smoothly transfering the blame on their victims through intense fake cooked up investigation reports. The recent indicator is the Makandurey Madush and his friends arrested in Dubai. The news media gave first preference to this news thereby arranging the TV programs and print media to narrate the official and unofficial Govi media propaganda favouring the Scumbag President Sira. The Sira bugger’s Philippines tour and his fake pledge to wipe out drug menace in the Duterte style are all a code the Govi Mafia released to the public in their usual discourse to promote Sira’s image as the next Presidential candidate. We all know that Sira is a MUCK Headed shrimp who is capable of nothing but delivering Gung Ho talks about his Hitang-Hutang bravery. Since Super Criminal Racist Mahinda is going to promote Sira bugger as the buffer President till his Mongloid Alien looking son Namal for Presidency ( another stupido-gook presented by the Govigama Mafia) to lead this nation towards 7+ decades of degenarating and devastating worst leadership of Govi criminals.

  • 18
    2

    What Justice? Neither the politicians or the majority of the lawyers represent it.
    ,
    If you have enough resources and money you can win any case. Even if you loose it will be a win win result.
    ,
    It’s way better for low income families to except the judgement rather than wasting their time and money on these crooked lawyers.
    ,
    So called justice is most often a deal where both lawyers have agreed outside of the courtroom with the blessings of the judges.
    ,
    How they justify this system by saying it is only to save the valuable time of the court and public money.
    ,
    Only few like Mr. Ranjan Ramanayaka and Mr. Nagahananda and his associates directly attack our judicial system’s corruption.
    ,
    They hardly have any support. But fearlessly they fight for you and me against all odds.
    ,
    Kindly support them to support us.

    • 6
      1

      Suranga Gunasekera
      Ranjan Ramanayake and the like are making an incorrect estimate: 90% of JUDGES are corrupt. In my observation only 10% judges are corrupt. What is 90% corrupt is the PROSECUTION machinery , mainly the Police. Money , politics, lack of proficiency, lack of facilities, lack of sense of fairness all are the components in the prosecution. Judges have to decide on what is presented before the courtroom. So we wrongfully attribute unjust outcomes solely to the judges. To repeat, the real devil behind is the PROSECUTION.

      Soma

      • 3
        0

        Hi Soma,
        ,
        Many thanks for ironing things out. Sorry if I presented it wrong. I never claimed the Judges are corrupt.
        ,
        Why I said with their blessings is because they are silent against corruption.
        ,
        10 percent Judges are a very bad situation as you claim it.
        ,
        If you plan well, with the help of corrupt lawyers, along with enough media and political pressure, you can win any case, if you prolong it.
        ,
        All you require is some help from corrupt Doctors and enough money to drag the case.
        ,
        If the Good Judges don’t voice their opinion and act together against the 10 percent, then it’s fair to say our legal system is corrupt.

        • 2
          1

          I just wanted to point out that prosecution machinery is much more corrupt that the judges, not to deny the ugly collusion between lawyers and judges in prolonging the cases for the benefit of lawyers.

          Soma

          • 0
            0

            👍

          • 2
            0

            what is not corrupted in the country.?
            .
            The man who abused his office 3 months ago, just because of lanken law and order finally caught – a drug kin pin, has now become the hero.
            :
            Sirisena could also be WHOLE HEARTED with the investigations of the high profile cases on money laundering issues of former BP Rajakshes. Instead BP SILLYSENA made a public opinion on BOND SCAM, whose size was 99 fold huge in the high days of BP Rajakshe.
            Media stays mum as usual, so long they are paid off with the BLACK monkey ciculating among the CRIMIANAL loaylists mudalis of Rajaakshes.
            :
            We need to round up the QUEEN BEE, if we really want to crush the CORRUPTION…. SILLYSENA is the most abusive above anyone else, since he protects mafia boss today. how come ? how ethical he should be to have forogtten all the begining of 2015?

      • 5
        0

        somass

        “In my observation only 10% judges are corrupt.”

        Whether it is 10 or 90% take them with you to share your Mutant Sinhala/Buddhist fascist land.

        By the way do the “OTHERs” have a say in recruiting, promoting, monitoring, admonishing, ……………… the judges? Corrupt lot deal with the entire judiciary for and on behalf of the Noisy Sinhala/Buddhist minority, when necessary they hide behind Chapter II of the constitution and Mahanayaka’s bum.

    • 5
      0

      Mr Gunasekara,
      .
      it is just pointless to talk about justice and serving justice while entire structure from top to bottom is high corrupted.
      :
      Just imagine how VERY same president acts today- we dont need to go to the begining of the GG govt whose leader was no body else SILLYSENA, was elected by us the 6.2 mio of voters in this country coming from various political and apotical groups. :
      :
      He continues with his usual statements to the media one behind the other, as if he is not part of the GGovernance govt, from 2015. When it turns out to be disadantageous to him and his 16-clan he just releases big big public statements that could easily be caught by public outcry today.
      .
      1. – Independence day speech – and the speech following sworn in of PM in december 2018 – both became clearer that the man has not the capacity of a school going children.
      https://www.youtube.com/watch?v=cUyacBv6FyE&lc=z224i5nrmwucyr1l0acdp4315gbvqr03bol2xqwedyxw03c010c

      Being unbiased, what would you guys hold of Thero’s speech ? I cant agree with him more.
      :
      2. Besides, It is high time president to do a good turn after his CONSTITUITIONAL Coup, which costed the people their nerves and all anxities – MAY well be some went to die not having proper medicine, and 1 single young man was shot dead in the racket in Petrolieum .
      3. Ranjan for sure represent our opinion – he has no fears at all. I though agree also with NK, but he is against almost everyone. He does not seem to know the average mind set of the people in rotten island.
      OVER 90% of lankens are into corruption and abusive culture. With A drug kinpin being caught by DUBAI-SRILANKA, now many among the politicians behave as if the crabs set in hot water. Almost many in JOIN opposition are closely connected with drug mafia.

    • 0
      0

      S G
      You hit the nail right on the head.
      S L has a defunct legal system run by “Lawyers” for the “Lawyers.” to fill their own pockets; to hell with the public and the people.
      The country itself is a “Banana Republic” with a people living in a fool’s paradise.
      Only a miracle can change the present mess; i.e. if you believe in miracles.
      Keep praying for “Miracles”.

  • 13
    0

    No matter anything would have been delayed, he is on usual mode – adding stupid public statements one behind the other. Also shares us the ones who elected him, that MR asked him not to hold election prior to the termination of the term. Now being overwelmed with the arrest of Drug kin pin, he has been unable to see it beyond. This man SHIT SENA has been a headache to the nation, sometimes, worst than the hurts came up from Makandure Madush.

    • 0
      0

      TOday, only I search for more info…

      those who are interested in.. can get lot more about war against drugs in Philiphines.

      https://www.youtube.com/watch?v=zXNR4g0Ld34

      BP Rajakshe TRAVELLED to Lybia and put his penis around the shoulder of slain Gadafi.
      :
      BP Sirisena TRAVELLED to Philiphines and offered his but to Duterte by betraying SRILANKEN nation.
      :
      These men are birds of the feather. … they have much in common. inhuman creatures hidden in Homo sapien species.

  • 4
    8

    “The Constitutional Council has shot down the President’s nominee for the position, Deepali Wijesundara.”
    If the CC gave valid reasons for doing so then the President may have to come up with another nominee.

    • 0
      0

      S.
      The CC behaves like the Supreme court.
      They don’t have to give a reason for their opinions.
      It’s all ancient; does not make sense in the modern world.

      • 0
        0

        If CC gives reasons Justice Deepali Wijesundara has to resign and take to her heels.
        1. She has been openly supportive of MR regime in the past.
        2.Justice Deepali W has received presents from President MR and this was flashed in newspapers. Unbecoming of a Judge.
        3. Thoroughly incompetent. Very rarely she has written a judgment.

        CC has been charitable by Deepali J by not giving reasons.

  • 10
    1

    Speaker Karu Jayasuriya yesterday tabled the report of the Constitutional Council (CC) which depicts the criteria followed by the CC to approve persons for various posts.
    Mr. President the guidelines are quite clear.

  • 3
    0

    Once again the illiterate, uncivilized, constitution violating President has proved that he is the architect of “Yakapalanaya” and not “Yahapalanaya”. He is so politically bankrupt he is using SB, Dilan and Bookie Buddy who came into the Parliament through the back door when they were kicked out of the Parliament by the voters, to negotiate the workings with SLPP. Its sad to see why the strong senior SLFP members are quite today without kicking these jokers out?

  • 3
    8

    The blame for this illegal and anti-social rejection of the president’s nominees should be directed at the NGO kakkas who are ruling the executive council.

    These kakkas like Paikiyasothy are acting on British/American advice to stack our judiciary with those agreeable to them, like they do in America. They have already been successful with the supreme court, and now they are eying the appeals court.

    This curse must be cured by amending the constitution to remove the executive council mafia nad to hand back all the powers to appoint key official positions back to the president.

    Otherwise this country will become a corrupt American colony with a corrupt judicial system.

  • 5
    0

    Sirisena is a classic example of the Moron who thinks he is a Genius!

  • 1
    4

    These so-called (bunch of ) Lawyers for Democracy do not see the arrogance of CC which rejected the Name of Judge recommended by the President in 03 occasions. It is you the so-called (bunch of ) Lawyers were responsible for the creation of ugly 19th amendment. Weliamuna, Wijenayake all who helped yahapalanists don’t see the CC as biased.

  • 6
    0

    M&S is the sources of all trouble.
    His days are numbered.
    Do it worry .
    Sri Lanka will be freeded once he is gone.
    Please find a way how to put him into accountability for all what he did

  • 1
    1

    See how politicians of the opposition (SLPP) are placing their court cases. They know atheir govt comes. then at that tiomes, all the cases are transferred to courts of their wish and all the politicians are acquitted as some UNP politcians were acquitted. that is the situation. Ranil can not take the initiqative as he is a Bond thief who escaped from his employee, the AG.

  • 3
    3

    Who are there lawyers ? Experts in constitutional law ? Advertising in another form is allowed in the
    legal profession ?

  • 4
    0

    Problem is we have a mentally ill and poorly educated leader who has violated the constitution and keep on violating it. Other issue is we have Ranil who got back the pm post but didn’t do his job properly to teach the ruler a lesson by bringing an impeachment. Now the country suffers due to poor leadership shown by born to loose leader Ranil.

  • 1
    2

    The CC needs to be abolished. They have become a joke. The president’s nominee is qualified based on the criteria given by karu. thetrfore why the rejection?!! . The only reason for the rejection is political bias of the CC. This cannot be a reason. President please stand firm on this. This is only until the next presidential election . After that all these NGO lackeys can go fly a kite.

  • 1
    1

    It was the president’s fault to support & divert support of his party members to pass 19th amendment,that has created all these problems.

    Because of his thankfulness for his being made the head of the state, that short sighted decision has been made.

    This teaches a good lesson for everybody, about the importance & vitality of being far sighted in any matter whether personal or public.

    Where’s the thankfulness of the PM, RW for his being made the PM?

    To solve this problem the PM has an ethical obligation to be helpful to the president; may be to relax or totally make non-functional the 19th amendment because it’s gradually becoming deceitfully passed one.

    The blame will be upon the PM as well.

  • 1
    1

    The mission of the Constitutional Council (CC) of SL is to provide ‘checks and balances’. If CC is submissive and rubber stamps MS, it is a defeat. MS and CC will be in a state of conflict all the time and both know this.
    .
    In the ‘conflict’ described here, MS recommended that Deepali Wijesundara to fill the vacant post of Chairperson of the Court of Appeal. CC did not agree. MS and CC will have to, and will, crack this.
    It is certainly NOT a ‘Constitutional Impasse’ as suggested by the Lawyers for Democracy (LfD).
    Is it an ‘Impasse’?
    .
    CC is a thorn on the side of GoSL of the time. CC may get smothered. We, layLankans, must not let this happen.
    LfD please contribute your mite.

  • 0
    0

    CC or some other body should exist to have a check on Presidential nominations. I am not qualified to express opinion as to whether Ms. Wijesundara be given the job of President of Court of Appeal. But I have noted that she happens to be the most senior. It is the CC which endorsed or nominated an IGP violating seniority. The very society that blindly sides the present CC started criticizing the conduct of the IGP. The same with the Attorney General but the criticism a lot milder and mainly accused of inaction for prosecution of alleged robber barons. Let us be clear. Unless there are very serious drawbacks there is no harm in appointing the most senior. One can visualize that this tussle between the HIM and the CC will go on and to the extent of making no appointment at all to any position in the superior courts.

  • 0
    0

    Lawyers For Democracy ? Where have they been since 1948 Citizenship act and 1956 Official Languages act?

    Prevention of Terrorism act that followed under JR and the war supposed to have been called off in 2009 to the present time politics do they indicate a healthy Democracy?

    I doubt the credibility of the LFD. It can be anything but honesty.

  • 0
    0

    MR’s band of merry men seem to have tipped off on Appa Sira’s merry men partying in Dubai. Forget about the kangaroo justice system in SriLanka and don’t waste public funds to bring them let Dubai deal with the drug dealers.

  • 0
    0

    👍

  • 1
    0

    Mr. Gunawardhana,
    ,
    What these guys are doing is giving resistance, So that we will gain more time, hopefully before too late.
    ,
    Hence we need to constructively criticize them, So that they will not give up fighting for us.
    ,
    I completely agree with you that most areas or all areas in our country, the corruption has set in.
    ,
    Nothing is over until the fat lady sings.

    • 0
      0

      Thanks Suranaga,
      You talk about the need of construcitve criticism would have been the need of the hour.
      :
      Just tell me please, if we know that main stream media + highly abusive politicians work together to paint the picture in favour of them, be it even most dangerous to health or day today life of the people, how can you expect people to be fed with facts about on going situation in the country ?.
      .
      Just imagine, now SILLYSENA has himself been making him up for the arrest of a drug kin pin by name Makandure Madush with some other drug peddlers known as artists.
      Can any body beleive the arrest of these men are just because PRESIDENT s direct involvment ? But lanken MAIN STREAM media make every effort to give him a credit and leave other crucial issues which have been on the list, aside ?
      :
      I strongly believe, so long symbiosis of LOCAL MEDIA MUDALALIS + abusive POLITICIANS stay underconnected for their mutual gains, nothing will work towards the improvement of the AWARENESSS of common people in this country.
      Latter is the KEY stumbling block for not having achieved even crucial issues, over the years.

  • 0
    0

    After saying all that has to be said.. REMEMBER , all is not lost or over yet. WE , Citizens still have the final say in this country. Use your vote this time to send the currupt home. Select wisely and vote for the ‘Nation’ this time !!! We can do it ! Winds of change are blowing once again over the nation. Miracles are on the way !!!

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