19 September, 2020

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Dr. Saravanamuttu Files FR Against New CJ Appointment: Full Text Of The Petition

By Colombo Telegraph

SC (FR) 23/2013 was filed this morning by the Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu challenging the taking of steps purporting to fill the post of Chief Justice on the basis that in terms of a determination of the Supreme Court and a Judgment of the Appeal Court, there was no valid Parliamentary Select Committee finding against Dr. Shirani Bandaranayake on which she could be Constitutionally and legally removed. In terms of the Court rulings, she could only have been duly impeached by the passing of proper laws, rather than through Standing Order 78A of Parliament.

Dr Paikiasothy Saravanamuttu - CPA

Therefore, the Petitioners request the Supreme Court to hold that any steps by the Parliamentary Council to express any opinion on the name of Mohan Pieris, PC and any steps by Pieris to accept any purported appointment, act as or exercise any functions of the office of Chief Justice involves violation of the Constitution, and the equal protection of the law guaranteed to the citizens of Sri Lanka under Article 12(1) of the Constitution. The Petitioners also urge the Court to grant a Stay Order preventing Pieris from accepting the position of, acting as or exercising the functions of the Chief Justice unless and until a valid vacancy is created for the position.

Lawyers for the Petitioners had urged through a Motion that in view of the grave urgency the case which was filed this morning  be listed for support today itself (15.01.2013) before any bench of the Supreme Court. However, the case was not listed for support today.
In the meantime, Pieris was able to take oath before the President around midday today.
When FR cases are filed, usually 3 dates are tendered for grant of a date to support for leave to proceed and any interim relief. The other 2 dates given are 16.01.2013 and 17.01.2013.
In the meantime, many lawyers protested in Hulftsdorp and held lit candles in broad daylight, to signify that a great darkness has fallen over Hulftsdorp even in broad daylight with the President and Government willfully violating the Constitution and stripping the judiciary of independence. Hulftsdorp was virtually overrun by a large contingent of policemen, with arrangements made to peer into every lawyer’s car entering the Superior Courts Complex to keep Dr. Shirani Bandaranayake from entering the premises in the context of several media reports that she does not accept the validity of her supposed removal. A tense situation arose when some police officers tried to exclude 2 lawyers identified with protesting against the impeachment from re-entering the premises by closing the gate. Large numbers of lawyers poured in and demanded that the gate be opened, till it was.
Sources said that the Petition, filed through Attorney at Law Namal Rajapakshe is to be supported by Senior Counsel M. A. Sumanthiran with Viran Corea, Suren Fernando, S. A. Beling and Luwie ‘Ganeshathasan.
Read the full text here
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Latest comments

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    Caption is not in accordance with the new Supreme Court Petition format :
    To Mr. Pieris and the Honorable Judges of the Supreme Court

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    The manner in which this regime is behaving, we shouldn’t be surprised if Mohan P himself sits for this case. After all, his partner in crime sarath S did that in a similar case. i hope this legal team and the petitioner are careful with their physical safety and really know who their true allies are. Anyway, our appreciation to stand up for all of us, while there are so many doubters and card board heroes who claim to protect parliament judiciary and everything else but can’t even speak up in parliament when needed, whom we can do without.

    I am afraid I doubt this will bring the result the petitioners and all right thinking people want, but even if everything fails, this case will count as further evidence of how this regime and its appendages roughshod even the most basic rights of common people in this country.

    In case the bench comprises of relatively independent judges,this will be yet another occasion on which the whole country (with its present and future citizens) depending on so few.

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    All Lankan should pay their respect and honor to these two true fearless sons of mother Lanka (Dr Sarawanamuttu and Sumanthiran, MP) for their bold and unwavering commitment to restore the rule of law in this island nation and save it from the ignominy of a FAILED STATE in the eyes of the world community.

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      Why is Dr Sarawanamuttu and Mr Sumanthiran, MP so hyped up about this impeachment. Why do the Tamils need to defend the constitution they were not part of? Why are these two people so passionate about the same Sri Lankan constitution of 1972 which further exacerbated long standing grievances and discrimination against Tamils?

      Whether the Chief Justice of Sri Lanka is a Banadranayake or just a plain Punchibanda, it won’t make any difference to the Tamils. The Tamils will continue to suffer under Sinhala military occupation.

      There are so many things going on in the North – East for these two to spend their time speaking in the Parliament and outside. Are these people making the same mistakes the Tamil leaders like Sir Ramanathan and others did? They cared too much about the Sinhalese and Sri Lanka, only to be backstabbed by the same Sinhalese in the end?

      • 0
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        Kumar Joseph – Perhaps you fail to understand that Sara and Sumanthiran are attempting to make the regime adhere to the Rule Of Law and it isn’t to do with any ‘ethnic’ problem you may have. It is precisely because of narrow minded folk like you that ‘ethnicity’ becomes a problem for all. In the end we are ALL Sri Lankans.

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        Kumar Joseph – Perhaps you fail to understand that Sara and Sumanthiran are attempting to make the regime adhere to the Rule Of Law and it isn’t to do with any ‘ethnic’ problem you may have. It is precisely because of narrow minded folk like you that ‘ethnicity’ becomes a problem for all.

        In the end we are ALL Sri Lankans.

        • 0
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          Java Jones

          says unwisely:

          “In the end we are ALL Sri Lankans”.

          Kalathonies Tamils and Sinhalese from South India may be Sri Lankans and I assure you that my people are not.

          We are Veddahs the ancient people of the island.

          Please get your facts right.

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            Native Vedda – (is it ‘Vedda’ or ‘Veddah’? You use both spellings). Sorry to hurt your feelings, but….

            • 0
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              Java Jones

              My people are known as Veddahs

              I am Native Vedda.

            • 0
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              OOruwarige Booruwa, if you and your people are not Sri Lankans, why are you commenting? JJ was talking to those who consider themselves Sri Lankans.

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      This is the same Sinhala constitution that made the Tamils second class citizens in Sri Lanka. Tamil people spilled blood to include Tamil as one of the official languages in the constitution. Many Tamils sacrificed their lives against this Sinhala constitution. The same judiciary of Sri Lanka illegally separated the North East. This is the same Sinhala judiciary that freed the Sinhalese who committed rapes and massacres of Tamils, while thousands of innocent Tamils are still languishing in Sinhala torture camps.

      Mr Sumanthiran, a TNA MP is the representative of the Tamils and a potential leader of TNA and the Tamils. The judiciary was just a rubber stamp of the state on all criminal acts against Tamils, and defending that institution in itself should be considered a crime. By vehemently and passionately defending the same Sinhala constitution and judiciary is an insult to our people who sacrificed their lives against the Sinhala state. If Mr Sumanthiran thinks he is Sri Lankan first, next time he should contest for a parliament seat in the Sinhala South under a Sinhala party.

      The Sinhalese need Tamil’s help when they are in trouble but they will backstab the same Tamils who helped them in the end. These two educated gentlemen Dr Sarawanamuttu and Mr Sumanthiran should remember what the Sinhalese did to the Tamil leaders like Sir Ramanathan and others who helped the Sinhalese.

      • 0
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        Very True!

        Mr Sumanthiran is a good Tamil politician with a promising future. Both Dr Sarawanamuttu and Mr Sumanthiran are well educated well received by the public. What I don’t understand is why they are defending the racist Sinhala constitution which made the Tamils second class citizens in their own country.

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          All because both Mr Sara and Mr Suma are true citizens of Sri Lanka and it was clearly stated by Mr Suma to all 155 government MPs on the 10th Jan. All of them failed to understand and now making the Sri Lanka a failed state and NOT a miracle of Asia.

    • 0
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      To consider traitors as heros you should be a traitor too.

  • 0
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    We want to you to enter Dr Sara.
    We need people like you.
    Letss test you as a democratic candidate.

    What do you say?

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      So long idiotic masses would further support to ruin the country – by MR and the thieves, educated candidates will have no better atmosphere to work democratically. This is the mere truth with RW too. He is respectful person as everyone would agree, but his manner is not accepted by the masses that are manipulated by uneducated MR supporters.

      See the man who failed to save Rizanas life – Dilan as the minister – no charges are thrown to him ? He can even get on better with MR today. Dilan could have saved the life of poor girl who got beheaded,

      If this kind of incident could be the case on Europe, the minister should have to resign. Nothing like this is the style under the current idiotic regime in SL. Even Mervin is proved to have given bribes to the contract killers, now everything remains as earlier – not a sign of him being removed from entire politics in SL. This is the regime that the poor uneducated masses further support

  • 0
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    Prabakaran must be laughing in his grave. What he could not do to Sri Lanka Idi Mahin is doing to the country.

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      K A Sumanasekera

      “Prabakaran must be laughing in his grave. What he could not do to Sri Lanka Idi Mahin is doing to the country.”

      Destruction is taking place according to VP’s plan.

      He planned it in such a way that he knew by electing MR he could destroy the Sinhala people and their state.

      However, the stupid Tamils and stupid Sinhalese do not need enemies. They are themselves the enemies.

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    Appointment of the new CJ is an insult to the verdicts of the Supreme Court and the Appeal Court. Independence of Judiciary has become a ridiculous affair in Sri Lanka under MR’s regime. Lord Buddha is weeping to watch this blessed country.

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    Thats why it says, Kamma follows one like a bullock cart behind the bollocks of the cruel dictators, with Prabhakaran’s spectre sitting in the driver’s seat. It won’t be long before we return to the bheesana yugaya of Jayawardana and Premadasa.

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      Mark my words countrymen.

      The Supreme/Court of Appeal Judges will shamelessly sit with this rogue Mohan Peiris ignoring their own verdict.
      They might even claim that they were misled by Judge so and so.

      There will be a que of lawyers at Mohan Peiris’ chamber wishing him well and also claiming ” I was always with you” or “I was misled by so and so. sorry sir.”

      Life will go on in this beautiful land inhabited by the shittiest people on this planet

      • 0
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        Lawyer

        Where are those who championed Mahinda Chinthana and supported MR through out his reign of terror?

        They don’t seem to visit these forums anymore.

  • 0
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    I wish Dr.Sara all success.
    If the supreme court correctly upholds the law,the prayer of CPA would be granted.
    But if the “new” CJ beleives in sycophancy and/or is unable/unwilling to convene a bench of five justices, it will not succeed.
    The nation is at the cross roads of history.
    If the dictatershp prevails,tyranny will continue.
    No “spring” will occur,as the army and military are subserviant to the dictater and are used to killing without compunction.
    Our children and grandchildren will have to seek new pastures.

  • 0
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    Lets see what the other judges on the bench have to say even if MP heads the bench to hear this case. If there are dissenting verdicts then it will be a problem for him.

  • 0
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    Between telephone conversation MR & Ranil …

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy
    https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 0
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    Our Inability to Learn from History has been the BIGGEST drawback for humanity.

    We hang the petty thieves and appoint the great ones to public office.
    ~Aesop, Greek slave & fable author

    Those who are too smart to engage in politics are punished by being governed by those who are dumber. ~Plato, ancient Greek Philosopher

    A politician is a fellow who will lay down your life for his country.
    ~Texas Guinan. 19th century American businessman

  • 0
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    CJ Dr.Shiranee Bandaranayake could not have impeached by MARA, if UNP would have stand strong.

    Mr. Attanayake, you and your boss RW have hijacked UNP party. You talk only after lettihg the wolf to eat the chicken. Why you and Ranil did not attend CJ appeal’s court hearing, and also did not allow UNP 2 PSC’s to attend it. While Ranil did not allow Sajith to speak for CJ in parliament debate…..now RW plan to take action against him for taking TNA time. What a hyypocrit.

    What Ranil said about parliament is Supreme when it has the most corrupt crooks, Murderers, thugs, rapists and Kappan karayas representing people in Sri Lanka.. Who is Anura Bandaranayake….the 10th grade drop out to analyse Constitution.

    You are good at giving talk shows in AC rooms while RW tours abroad with 87 million Parliament Pin Padi. If RW likes to Tour abroad without serving people, why he not talk to his friend MARA and ask for a Diplomatic Posting. It’s better to be honest and do what he like most than deceiving both UNP supporters and deceiving his own self.

    How come RW got 4500 votes against his rival’s 500 during last UNP party head vote count. It still baffle all of us UNPers about this mystry high vote for RW.

    I did not see either you or Ranil participating or giving any releaf parcels to Flood victims., while all other senior UNP’s did so.

    Don’t play double game….get back to business and start meeting people in the villages and help them to survive like what JVP do.

    Boycott Parliament….no point going to parliament when there is no constitution and since MR is a dictator. Anymore discussions with MARA won’t help…..other than MARA highjack all of you.

    Plan to chase him by goingt to villages and by meeting people. Only mud slinging against MARA won’t help…..but only a part of the strategy.

    Today CB Ajith Nevad Cabrall tell that Sri Lanka Per capital Income is heading towards 4000 US Dollars…..and economy has improved Double, Treble and Fourble…….THIS IS A TOTAL LIE BY CB GOVENOR.

    CAN YOU TISSA, OR RANIL OR ANYBODY GO TO VILLAGE AND TALK TO PEOPLE AND TAKE SOME VIDEO CLIPS AND PUT THEM TO INTERNET TO PROVE THAT CB GOVERNOR IS LYING….. I still see some 40% to 50% people still live LIKE VEDDA COMMUNITY WITH TIN AND COCONUT LEAF ROOFS AFTER 60 YEARS OF INDEPENDENCE.

    BASIL PLANS TO RECRUIT 100,000 (One hundred Thousand ) Party members as Administratives alone…..leave alone the poor real Benefictors of the Divineguma project. The payroll for administratives alone cost Half of the 85 Billion Rupee Budget…….Where is the rest of the money left after BASIL GETS HIS 10% to 50% Commission……..

    These has to be addressed to people, country and International community.

    Good Luck.

  • 0
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    Readers:

    Please watch the following Derana Video interview with Bar.Association President Wijedasa Rajapakse tell How MARA along with ex.CJ Sarath N. Silva made Golden Key Collapse by restricting Hon.Lalith Kotalawela to sell Golden Key assetts to settle his 10,000 odd customers.

    http://www.derana.lk/index.php?route=programs/programs/programdetails&pid=85&vid=6192&page=1

    I told long ago How MARA made Golden Key to Collapse …..and subsequently wanted to buy those assets.

    MARA is nothing but a BIG NOTORIOUS HAMBANTOTA CRO…K…….A WORST EVER ROB….R IN SRI LANKA’S HISTORY.

    IT’S TIME TO IMPEACH BOTH PRESIDENT MAHINDA RAJAPAKSE AND EX.CJ SARATH N. SILVA ON GK FRAUD.

  • 0
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    Supreme court should check all Bank statements(Both Local and Foreign) and other Assets pertaining to DEPUTY CJ Mr.MOHAN PIERIS as there may be some questionable dealings and transactions.

    IT’S TIME TO DIG DIRT.

  • 0
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    What has happened to this FR application? It is the 17th January’ 2013 today-the last date proposed. Dr. Saravanamuttu, please keep us updated.

    Dr.Rajasingham Narendran

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      “In Colombo a petition challenging the appointment of Mohan Peiris as the chief justice is pending. Although in terms of the tradition this case should have been fixed for argument immediately, no date has been fixed for lawyers to support this case. Obviously, threats against the lawyers in Colombo are directed towards intimidating the lawyers who would support this petition or file other actions.

      There is also some contempt of court cases filed against some media personnel whose utterances or writings have contained statements alleged to constitute contempt of court. Obviously, one of the purposes of the intimidation campaign that is going on now is to force the withdrawal of these cases.

      Above all it has been the position of the lawyers that the Court of Appeal order in issuing the Writ of Certiori on the basis of the Supreme Court’s interpretation of Article 107(3) of the Constitution invalidates all measures taken to remove Dr. Bandaranayake as the Chief Justice. On that basis they have stated that the appointment of Mohan Peiris lacks legitimacy. One of primary causes of the intimidation campaign is to stop lawyers raising objections on the basis of the absence of legitimacy against the actions of Mohan Peiris.”- AHRC

      Is this the situation with reference to the question I posed above?

      Dr.R.N

  • 0
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    Leave aside Pakiyasothy. He is barking for the dollars his neocolonial masters in the West throw at him.

    The case of Sumanthiran is different. Sumanthiran is representing TNA inh Parliament. Who gave him the mandate to speak in support of
    Shirani Bandaranaike? Instead of speaking for the rights of the Tamils he has taken up a brief to defend Shirani Bandaranaike and the so called independence of the judiciary. As rightly pointed out by some readers above, this judiciary has always acted against the greater interests of Tamils. Racist JVPers got this judiciary to delink North East Provinces.

    This backdoor entrant to Parliament and TNA, the party that nominated him to Parliament are not sincerely interested in finding a solution to the Tamil problem. He has assumed a leading role as spokesman for TNA because most other TNA elected MPs are illiterates or semi-illiterates or plain morons. Sumanthiran has hijacked TNA to help the cause of the black coats who have declared war against the MR government in order to protect Shirani Bandaranaike.

    It is high time the Tamils from the North East and members of the constituent parties of TNA wake up and chase out this political upstart who will certainly lead the Tamils into further conflicts with the MR government. His only qualification is that he is fluent in English and has somewhat mastered debating skills thanks to his many years practice as a black coat. He is politically imature and has no credetials to represent Tamils. He comes from an affulent family based in Colombo, educated in Colombo and lives in Colombo. He will never understand the feelings of the North East Tamils and their sufferings in the past.

    The worst thing is that Americans and the West Europeans who want to destabilise Sri Lanka have now identified him as a useful weapon against the MR government. I hope other Tamil leaders like Suresh Premachandran, Selvam Adaikalanathan, Anandasangari, and Sitharthan will soon wake and throw out this upstart from TNA.

  • 0
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    Albert Einstein’s Equation comes to mind….Ego = _____1________ . Intelligence

    • 0
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      Skanda,

      Not only an ego matter but no one know’s this persons identity or seen his or her pix anywhere and we don’t know where he is coming from meaning what cultural, class and economic background this he or she hails from? Apparently a partisan standing to gain from the powers that are ruling the roost. Where as MAS is a well known public figure. Even if his claims about MAS are partly true, who has the greater credibility?

  • 0
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    WEST IS NOT TRYING TO DESTABILIZE SRI LANKA. WE OURSELVES ARE DESTABILIZING SRI LANKA, ALONG WITH THE ASSHOLES IN THE PARLIAMENT.

    LIKE, ONCE, PREMADASA SAID WE HAVE EDUCATED AND UNEDUCATED FOOLS IN OUR MIDST.

    IT MAKES ONE WONDER TO WHICH CATEGORY WE BELONG.

    SOON THERE WILL BE NO TRADE WITH THE WEST, NO INTERNATIONAL MONETARY FUND AND WORLD BANK LOANS. WE WILL ALL END UP EATING RICE, INFESTED WITH INSECTS, WORM FILLED ROTTEN POTATOES, TOMATOES, ONIONS, VEGETABLES AND FRUITS.

    INSTEAD OF CARS, BUSES, TRAINS, WE WILL BE BACK ON OUR BULLOCK CARTS.

    WE WILL START WEARING GRASS SKIRTS AND STRAW HATS FROM OUR COTTAGE INDUSTRIES.

  • 0
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    While men like Pakiosothy exist,hopes still linger that Right is Might,fight we will and justice shall prevail
    “Rise,Sir Galahad”

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