8 December, 2021

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Eva Wanasundera’s Last Hurrah For The Rajapaksas: Controversial Judge To Hear Mahinda’s Appeal Against Quo Warranto Stay Order On Friday

Lawyers have raised concerns of bias on the Supreme Court bench set to hear Mahinda Rajapaksa’s appeal against the interim order blocking him from functioning as Prime Minister in the Quo Warranto application filed in the Court of Appeal by 122 Parliamentarians who voted the former strongman out.

Justice Eva Wansundera

Lawyers for the 122 Petitioners in the Quo Warranto case filed a motion in Supreme Court today, objecting to Justice Eva Wanasundera being on the SC bench that will hear Rajapaksa’s appeal. The bench headed by Justice Wanasundera also includes Justices Buvaneka Aluvihare and Vijith Malalgoda.

Wanasundera is a Law College batchmate of Mahinda Rajapaksa and made her intimacy with the former President known publicly in an interview with the Deshaya Newspaper in July 2014. In the interview, Justice Wanasundera sets out how Mahinda Rajapaksa then the President invited her over and swore her in as a Supreme Court Justice. Pre 19th Amendment appointments to the Supreme Court did not need to be approved by the Constitutional Council, giving the executive presidency total control over who sits on the benches of the country’s apex court.
In their motion to the Supreme Court objecting to Wanasundera being on the bench, lawyers for the 122 petitioners note that counsel for Rajapaksa had insisted that the appeal be heard on Friday, December 14, when only one bench of the Supreme Court was scheduled to sit, comprising also of Justice Wanasundera. “Whereas the respondents are reliably informed that Hon Justice Eva Wanasundera had in an interview published in the Deshaya newspaper on July 6, 2014 that she was very close to Mr Mahinda Rajapaksa and who called her to meet him and offered her appointment to the Supreme Court bench. And whereas the said Mr Mahinda Rajapaksa is the petitioner whose appointment is the subject matter of this application.
“And whereas, in the circumstances the respondents entertain serious concerns pertaining to this matter being taken up by a bench of Your Lordships’ court, comprising Hon Justice Wanasundera who is listed to sit on the only bench to sit on Friday, December 14, 2018”, the motion filed by K Kanag-Iswaran PC in the Supreme Court today states.

Interestingly, when President Sirisena and the Rajapaksa family were plotting the coup in early October, the appointment of Eva Wanasundera as Chief Justice was a precondition of the alliance – a gesture of goodwill towards the Rajapaksas on the part of the President to prove he was committed to the political reunion. TheRajapaksas also demanded Sirisena appoint Deepali Wijesundera, currently a judge of the Appeals Court as a Supreme Court justice but this nomination was rejected by the Constitutional Council.

As Chief Justice Priyasath Dep retired in September, President Sirisena originally named Wanasundera as Chief Justice, but the move caused shock and outrage when news of his choice leaked, resulting in a hasty recall of the nomination and replacement with Nalin Perera, a career judge who worked his way up the ranks to the Supreme Court. Justice Wanasundera famously issued an injunction in 2015 preventing the arrest of former Defence Secretary Gotabaya Rajapaksa in the MiG-27 case being investigated by the FCID. She subsequently recused herself from hearing the same case. Her injunction however, remains in place to date, preventing the former Defence Secretary’s arrest in the controversial air force procurement scandal.

Justice Eva Wanasundera is set to retire in January 2019, and has declined to take new cases since October. It is unclear why she has agreed to hear Mahinda Rajapaksa’s appeal on the quo warranto interim order case.m

The Quo Warranto case will be heard by the Court of Appeal from January 16, but until the case is heard, the stay order preventing Rajapaksa from functioning as Prime Minister remains in place.

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Latest comments

  • 17
    0

    which owes the other most?My love was long,
    and yours one moment seemed to wax more strong
    and loved me for what might or might not be-
    nay weights and measures do us both a wrong.

    • 11
      0

      Who has now selected this Eva Wanasundhara or Malasundhara to the panel ?

      Not just lawyers but entire folks should stand against this unethical move while president et al has been reiterating that we have our independently functioning law and order systems.

      Ballige putha SIRISENA and Rajakashe should be hung by their balls to feel us fair today.
      Enough is enough.
      For some reasons Sirisena was unable to this particular Malasunadara, who is known to be an another asuchi eater of former Mafia Boss, but now her to be selected from back door taking her biased support in a court case of this HIGH grade is beyond comphrehension.

      Those who had some respect on President SIRISENA is now fallen to all depths and woudl never even respect him any more. If the bugger would just be walking on the street without guards, no doubt, he is the first would have been stoned to death by any angered mobs.

    • 12
      1

      Was it not Eva Wanasundara who was found in a compromising position with Sarath N Silva in the Parliament Car Park? Everybody’s darling who can not say no for a Plea.

      • 7
        0

        Gamini – I thought she was Mahinda Rajapaksha’s laptop!

    • 7
      0

      See, how you guys would find this

      https://www.youtube.com/watch?v=ibuIuvG5Txs

      President himlsef pretends not to have called RANGA but all is caught by deeds. Who does he think he is to abuse this nation this much ?

    • 9
      0

      She is like a Wolf in Sheep’s clothing… Just look at her head gear…
      The curse of this nation is the Justice system. Because, almost all the corruption in system was initiated and introduced by the scumbags who went to law college and then became the so called lawyers or practitioners of law and then became politicians to become the white collar thieves. The worst of them, kabaragoya types became super criminals. MaRa team has many numbers of these criminals. Wanasundera… Beautiful Jungle….means those who believe in the Law of the Jungle….not civilized yet even though they seem to hold high position in the so called modern world.

  • 7
    66

    Ha Ha Haa!! The day dreamers who were desperate to see the arrival of the bond man on the PM seat again are getting worried now. When you read some of the articles written in favor of RW, you might think MS had done the removal when the 100% of the Sri Lankans were against it!!! However the reality is far from paper articles, just go & ask ordinary citizens not NGO backers or so called faked social activists what they say about this whole story!!!

    • 5
      0

      See how he pretends as if he was not aware of deals on buying the MPs.

      https://www.youtube.com/watch?v=ibuIuvG5Txs

    • 4
      1

      Adoh Sanjeewa!

      Where are you now? Still in Melbourne?

    • 4
      1

      Sanjeewa – ‘Ha Ha Haa’ – Did Namal Rajafucksha tickle your balls?

    • 0
      0

      100%??
      You must get your data from Horu news, thorana or the daily noose

  • 47
    2

    Lawyers for the 122 Petitioners in the Quo Warranto case,

    Yes, Eva Wanasundera is not an independent judge.

    Do not need who are tainted This is a constitutional case Get somebody else who is not tainted and can think independently.

    • 4
      0

      Who let her in irrespective the clear guide lines ?

      Why AG behaves so if he is to have appointed her to the pannel ?

      • 4
        0

        Babalathappu,

        “Why AG behaves so if he is to have appointed her to the pannel ?”

        Possible scenario: Mahinda Rajapaksa, after speaking to Eva Wanasundera, talks to Sirisena, and Sirisena in turn speaks to the AG who appoints Eva based on instructions

        The AG also presented the Supreme Court with arguments why the unconstitutional dissolution of the parliament by Sirisena was constitutional. This is the problem, and the reason why independent judges, who cannot be bribed, be selected to the MaRa case as well,.

    • 1
      0

      Eva aWansdunders is retiring -Latest News.

      Their is good for her. Why get her reputation and service tarnished, on behalf oof the unconditional coup conspirators?

      Retire in dignity. Wish you a meaningful and peaceful retirement.

  • 30
    2

    It may be that there aren’t enough judges on the Supreme Court to hear all these cases. What we need is to get the two new Supreme Court judges approved by the Constitutional Council sworn in.
    .
    So far, there is no legal challenge to the way Maithripala Sirisena was elected. Of course there is the little fact that the man is completely off his rocker. I have little knowledge of psychiatry, but it seems obvious to me that he’s become a raving lunatic.
    .
    For seven weeks now it’s been clear that all activity in the country will grind to a halt. Can we please have all 225 Members of Parliament turning up for the next meeting, behaving themselves? What are we paying them for?

  • 35
    3

    We were told that justice wanasundera is not available for new cases as she is to retire at the beginning of next year. So how is she appointed for this particular case? Who selected them? Justice Wanasundera should have a clear conscious atleast at the last minute in her carrier and do her job which she was eleced for. Is she not the daughter of the illustrious former justice wanasundera? It’s so terrible when children turn out be an embarrassment to one’s parents!

    • 1
      0

      Eva Wanasundera is not a Suprem Court Judge R.S.Wanasundera’s (he was one of the illustrious justice) daughter.

  • 1
    0

    RE: Mahinda’s Appeal Against Quo Warranto Stay Order On Friday

    This has been postponed until Jan 16 17 and 18th So Mahinda and Cronies, do not have a job until then They all can take a vacation, and the country is in peril

    Oh, Sirisena, the true madman the late Dr. N M Perera presciently predicted in 1978., coming true in 2018

  • 23
    3

    This case only goes to reveal the tectonic depths to which the Srilankan Judiciary has sunken to. The rudimentary principles of justice doe not exist in Srilanka. There sure is an inherent flaw in the wiring of the neurons in Sinhala heads. Can they ever imagine coming near to the likes of judicious minds of that of Lord Jennings and their Worships, in their thinking? The mind of the Chief Justice must be in a state of stupor has to be the obvious conclusion.

  • 24
    3

    Disgraceful! She joins Sarath N.Silva and Mohan Pieris who have shamed the Supreme Court.
    She could still retain some respect, on the eve of her retirement, if she does not sit on the bench hearing this case, citing personal reasons.

  • 30
    3

    So the judgement will be flawed , the hallmark of the Rajapaksas and Sirisenas to cheat.

  • 28
    3

    This woman is no justice material – she does GRAVE injustice to the “blind Lady Justice”. She is a decorated member of the world’s oldest profession

    • 2
      4

      Nic,
      You are making a serious accusation.
      Please justify same.

  • 31
    1

    I am a tragic victim of a corrupt and rotten Judiciary of Srilanka. I sacrificed everything hard earned with full certainty believing that our judges are men of high integrity trudging to courts for 18 years in full expectation that I will receive total justice at the end of the day. To my bewilderment and destruction the judge in the District Court, two judges in the Court of Appeal and three judges in the Supreme Court accepted faked, fabricated and forged papers filed by the criminals which by itself is a serious criminal offence under the influence of bribery, gratification and intimidation, put on them the stamp of judicial approval. Literally a legalized robbery leaving me high and dry. What can a hapless man do ??????

    • 1
      0

      ” What can a hapless man do ??????”
      judge in the District Court,two judges in the Court of Appeal and three judges in the Supreme Court –google and read the golden state killer.he decides the time,place and method.What more power does anyone need when they have the power of 3 like that.

    • 0
      0

      Helpless Man
      If your anguish is genuine, there are people who may help if you can tell the entire story about your case and provide genuine proof and good evidence to show why the judge of the District Court,two judges in the Court of Appeal and the three SC judges all failed you after 18 years by being convinced by the fake, fabricated forged papers that were produced to them.
      How is it that whoever who represented you weren’t able to convince the said courts that the documents were fake,fabricated and forged?

      • 2
        0

        In the District Court I was represented by Late Mr. J. E. P. Deranyagala who got washed away by the Tsunami and Mr. Bodinagoda. Dr. Sunil Coorey sabotaged at the Appeal stage and Mr. M. A. Sumanthiran at the SC. Mr. Sarath N. Silva & Mr. Mohan Peiris controlled the strings

    • 1
      1

      Charles Cooray , You have [3] Options
      [01]-Hire a Contract Assassins to Exterminate the Members of the Judiciary who has done you unfair – You can do it yourself – I would I am dying to see if I Could….
      [02]- Become a self made Suicide Assassin…Before your last breath make sure you can get them all…
      [03]-You should have Applied for the Official Membership of L.T T.E & Tamil-Diaspora…and become an Outspoken Member & tell to rest of the world why you have decided to switch to the Other Extreme side…..

  • 2
    0

    When a nation cannot trust their judges to be fair and impartial, it is in trouble.
    The corruption in our parliament, courts, and law enforcement agencies, is rampant, troubling, and the people get no justice. Judge Wanasundera should recuse herself if she has shown to be partial to the Rajapaksa’s. It is the only decent thing to do.

  • 0
    3

    Just an unimportant cry of a frustrated set.

  • 2
    8

    Er…doesn’t the caption verge on contempt of court?

    • 5
      0

      Bogus Dr DJ – You seem to get the urge to purge! Pack your bags, Ranil Sir wants you back!

    • 3
      0

      Ha, ha. A comment from another MS / MR ass giver. Can you shit properly after all the sodomizing up your back street?

    • 1
      0

      Dayan Jayatilleka:
      YOU have the absolute temerity to talk about anything resembling justice, ethics, morals or principles.
      If confirmation be needed of how low this land has sunk………not to mention the monumental hypocrisy of feeders at the trough!!

    • 1
      0

      dayan

      Er…..isn’t there a conflict of interest?she has said she is a good friend of MR.The caption merely states what she has already said .She should have excused herself from the case don’t you think?Then we would not have this caption in the first place.

  • 1
    0

    https://www.colombotelegraph.com/wp-content/uploads/2014/11/Eva1.jpg

    never never let your gun
    pointed be at anyone
    that it may unloaded be
    matters not the least to me.

  • 4
    0

    With Sira, Mara and these kinds of judges at the helm, anything goes. No shame, no conscience. But what history shows is that such evil will be ultimately defeated. Justice will prevail. The people will win in the end.

  • 3
    0

    Although it’s over 3.5 years since the regime change, it is evident vestiges of the previous regime still remain in various positions (of importance) in Public Service and the State Sector. It’s not possible to get rid of them over night unless illegal methods are adopted to do the same. I have no doubt there are such folk in the Judiciary as well and from all accounts this lady may be one of them? If yes, it may be appropriate for her to remove and excuse herself from hearing this case.
    Do folks recall how MR obtained an opinion at the time on whether he could contest the Presidency for the 3rd time? Those were the days (CJ: Mohan Pieris) when the Judiciary was under the thumb of MR. It was done hurriedly and not enough time was given even for objectors to lodge their arguments. It was a foregone conclusion as to what the verdict/opinion would be (apparently even the question from MR was written by the then CJ?) Judiciary has far more respect and independence today from those hey days. May a just and fair decision be delivered on this case.

  • 4
    0

    Sareth Silva confessed that he wrongly let Mahinda Rajapakse off the hook of the investigation of Sunami Funds Scandal or Helping Hambantota Case to enable the latter to contest presidential election in 2005. He again used his accomplices in the legislature to remove the CJ by fake impeachment and appointed his faithful Mohan Pieris to bring Judiciary under his control. MR made all three arms or branches of government into one of Executive in order to bulldoze rule of law and control the power and finance to help his family and friends.

    Knowing that this woman judge is a close intimate friend of the appellant Rajapakse and allow her to hear his case makes at least the justice is not seen to be done..

  • 2
    0

    Wanna – Bet This Comments will be Deleted BY CT [ Contempt against Bastard Sri Lankan Judiciary Bla Bla bla Bla Bla Bla……….]]]]]]
    This Mass-Murderous Sinhala buddhists Country…..Governed by a Single GOD *******g LAW that States ” Contempt against Courts will have Zero Tolerance…….It is Equal to NAZI Ideology Stating Germans are Superior to all other humans…..In Sri Lanka Judiciary Terms “every Bastered Induvudual employed in the This Hor-House Profession Field Knwon as Legal system Should be Considered in Higher Stature… all the rest are sub-human to them……Both European Union as well as US-Canada..has VERY-Clearly Noted “Sri-Lankan Judiciary Law- Against speaking Out against it is One of this Country’s Most Outwardly visible Violation against human Rights…..

  • 4
    0

    What a queer weird and choosy acceptance by this woman to hear this particular appeal when she had been refusing to hear so many cases of public importance in the guise that she retires in January 2019. Even her preference to hear this appeal in Friday she could not conclude it but to palm it over to others to decide it on merits on later days unless very likely event she dismisses this appeal on the first day itself for obvious reasons or issuing an interim order in favour of MARA/SIRA like she did in the famous case of Gota. It appears to be a concerted effort even on verge of adios to Judiciary not to spear the subservient partiality to MARA and his cohorts.

  • 2
    1

    Sanjeewa, when you last finished with licking the anus of Sira and Mara. you lunatic, on the streets, all the people are cursing all of them for the dirty deeds, and putting the country in these perils.

  • 2
    0

    Aha……. it looks like someone was given the magic wand to pick and choose the Bench to hear his own case. I am joking.
    It WAS a known factor for playing behind the scene games in choosing SC judges to hear certain cases by twisting the register.
    Also, it IS is a known factor that similar games are going on to pick and choose dates to hear cases for certain individuals by manipulating the court register. For example; Sashi Weerawansa’s case is fixed for January 1st, in two weeks. January 1st. The first day of the New Year.
    This has happened in the midst of many other serious, controversial cases which have been postponed from 2, 3 or 6 months and at a time serious bribery allegations are tainted Parliament as revealed by the “coup master” himself in his attempt to give authenticity to his appointed government outside Parliament while the Bribery Commissioner appointed by him is in deep slumber. (I sent a comment to a Sinhala daily on this. But it wasn’t published, obviously because of the bribery part I mentioned.) I DON’T blame judges. They are NOT the people who fix dates to hear cases. Judiciary rely on the court register.
    However, this case is about a procedural interim order. The decision of the Bench will be taken based on the fact that it can or cannot be regarded as a well-reasoned interim order.
    If there are any doubts about the impartiality of the Judges due to any links “said to have had” with one of the parties or if anyone believes that they have an interest in the outcome of the verdict, I think, they’ve been given an opportunity to behave honourably.
    What is important is not to change the public perception/confidence that Judiciary is impartial.

  • 1
    1

    She has always been partial in her Judgement,people are aware of this

  • 1
    0

    Rwkd.

    Late Justice R.S.Wanasundera had no progeny; Eva Wanasundera is only a distant relative by marriage.

  • 0
    2

    Now what if the other party objects to the replacement judge for justice Wanasundara?
    and this can go on and on….

    • 3
      0

      NAK

      What is going on in this island particularly around parliament, judiciary, Dr Rajapaksa’s home front, ………………?
      Do you think there is a good chance of a riot against minorities which could hopefully solve this stalemate?

  • 3
    0

    Charles I really feel sorry for your plight. Corruption in the judiciary is death kneel to integrity of a country. When we do not have that there is nothing depend or count on. MR is the worse culprit to destroy the back bone of the country. How convenient for MR, he dosent need to attend the hearing because Eva being the judge will be able to update him daily of the happenings.Country like no other.

  • 0
    0

    This is getting curioser and curioser. If as stated here ,” Justice Eva Wanasundera is set to retire in January 2019…… “.
    Will a judge hear an important case, a fortnight or so prior to retirement?
    .
    By the way this report says ~ “Wanasundera is a Law College batchmate of Mahinda Rajapaksa and made her intimacy with the former President known publicly in an interview with the Deshaya Newspaper in July 2014………….”.
    The word ‘family friendship’ should have been used instead of the word ‘intimacy’.
    Et Tu Editor CT?

  • 0
    0

    All the comments show that there is an urgent urge to purge en mass and get rid of decades old shit. I don’t see any medication is available even at the Mahapola.

    So wriggle and wriggle and stink until death. That is what Sri Lanka seems to be destined. As a last laugh get somebody’s ‘Lap top’ and get a temporary pain relief.

  • 0
    0

    All said and done, who is to investigate the storey about MS & Gota to murdered. Is the CID still investigating? Please someone initiate action and put the bustards behind bars.

  • 1
    0

    Not sure why she accepted to sit in this bench. If she has moral ethics she should say no and leave the bench.

    Being a friend of MaRa there is a clear conflict of interest

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