22 May, 2022


FR Case To Reflect How Much Of Sri Lanka’s Judicial Independence Has Survived – Motion For Full Bench Filed By CPA

By Colombo Telegraph

In SC (FR) 23/2013, filed by the Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu to prevent Mohan Pieris, PC (named the 6th Respondent in the case) from being allowed to exercise and discharge the functions of the office of the Chief Justice, a Motion has been filed, in view of the fact that it is not possible for the 6th Respondent to properly exercise any discretion to nominate a bench to hear the case. The petitioners state that in the present state of affairs, all judges ought to be called upon to exercise their constitutional duty of hearing and deciding the case without the 6th Respondent deciding on who should hear the case.
The case has been filed, on the basis that steps to exclude Dr. Shirani Bandaranayake, Chief Justice of Sri Lanka was taken on the illegal strength of unconstitutional and illegal Parliament Standing Order 78A, which was pronounced to be null and void and ultra vires in terms of the Constitution, and could not have been legally used to impeach a judge of the Supreme Court or Court of Appeal. Any valid, proper steps could only have been taken, by providing for an inquiry of judicially accepted standards through the enactment of laws by Parliament. Such valid laws would have ensured Natural Justice and a fair inquiry to Dr. Bandaranayake in conformity with international standards required for preservation of judicial independence, including the Latimer House Principles to which Sri Lanka as a Commonwealth State has pledged itself. Therefore, the application seeks that the Supreme Court makes a declaration that any steps by the 6th Respondent Pieris to exercise the functions or powers of the Chief Justice is illegal and a contravention of the fundamental rights of the Petitioners and the citizens of Sri Lanka by depriving them of their right to independence of the judiciary which is vital for the Rule of Law.
Despite a determination by the Supreme Court as the sole body vested with the power and authority to interpret the Constitution, and a writ of Certiorari issued by the Appeal Court quashing purported findings against Dr. Bandaranayake under the so-called procedure contained in Parliament Standing Order 78A, the Rajapakse regime purported to exclude Dr. Bandaranayake from office on the basis of a vote in Parliament, despite there not being even a Resolution for impeachment on the Order Paper of Parliament. All that was on the Order Paper was a Resolution for the appointment of a Parliamentary Select Committee to go further into the matter.
However, despite this serious point of order being raised by the Opposition in Parliament, the Speaker of Parliament Chamal Rajapaksa allowed a vote to be taken and the vote was carried in the Rajapaksa regime controlled legislature. A senior political analyst pointed out that the reason this serious issue of order was overlooked and Parliament procedure flouted, was the fact that by then, the Rajapaksa regime had already organised and detailed paid thugs to camp outside the Chief Justice’s official residence to intimidate and vilify Dr. Bandaranayake as soon as the Rajapaksa controlled legislature rubber-stamped the regime’s decision to remove Dr. Bandaranayake from holding office. Businessmen who had obtained favours from the Government had been instructed to provide milk rice (‘Kiri Bath’) in their respective areas, to give the impression of public jubilation at the steps of the Regime to remove Bandaranayake. If the serious point of order was not summarily shrugged off, the ‘public show’ organised by the government would have been an utter failure as the milk rice and paid thugs were already in place. So, the requirements of political expediency was allowed by the Speaker to trump the propriety of parliamentary due process.
The Speaker of Parliament is the brother of President Mahinda Rajapaksa. Dr. Bandaranayake issued a ruling holding certain aspects of the controversial “Divineguma Bill” sponsored by one of the President’s brothers Basil Rajapaksa, Minister of Economic Development, after which steps were taken to hastily impeach Dr. Bandaranayake and remove her from the office of Chief Justice, in a manner that has drawn strong widespread international criticism, including from the United Nations, the ICJ, the Commonwealth, the European Union, United States, United Kingdom, Australia, Canada. The move was also denounced by Sri Lanka’s Opposition, the judges’ association (Judicial Services Association – JSA), Bar Association (BASL) and civil society through strong statements and actions.
The Rajapaksa regime thereafter proceeded to appoint Mohan Pieris to function as Chief Justice. Pieris is a controversial character, who is very close to the Rajapaksa Regime, and especially Gotabhaya Rajapaksa, a brother of the President who is the Secretary of Defence. Pieris is dogged by very serious allegations (backed by documentary evidence) of corruption related to his tenure as Attorney General, which were revealed and published by the media including The Colombo Telegraph well before his appointment as Chief Justice. There is also a fundamental rights case pending in the Supreme  Court against Pieris. Notwithstanding all this, Pieris was appointed and installed in the office of the Chief Justice under heavy security on a day Hulftsdorp was packed with handpicked police and security personnel to prevent Dr. Bandaranayake from entering the Supreme Court Complex or attending her office to perform her duties. Dr. Bandaranayake thereafter issued a statement affirming that she remains the legal Chief Justice, though she is prevented by the Regime from functioning as such.
The opposition party Janatha Vimukthi Peramuna has lodged a complaint alleging corruption against Pieris at the Human Rights Commission.
After the enactment of the 18th Amendment, appointments and promotions to the Supreme Court, Appeal Court and the Human Rights Commission are made at the exclusive discretion of the President, after the ascertainment of the views of a toothless Parliamentary Council. The FR filed by CPA on the day Pieris was installed in Hulftsdorp also sought to prevent members of this toothless Council members from seeking to recommend Pieris, given that there is no vacancy for the position of Chief Justice. However, despite urgency being expressed in the Motion with which the case was filed and the judges being informed of the urgency of the matter, the case was not listed for support until after 6th Respondent Pieris was supposedly sworn into office. This was in the context of Hulftsdorp being overrun by Police and Security personnel, after the regime purportedly impeached Dr. Bandaranayake in Parliament.
A senior political analyst contacted by The Colombo Telegraph spoke on condition of anonymity (citing security concerns) and expressed the following view:
“This case and how it is decided is a litmus test of the degree to which the seriously undermined besieged judicial independence of the Supreme Court has been extinguished by the high handed actions of the ruling regime. Sri Lankans and the international community are following this case with grave concern. It is now up to any judges who care for judicial independence to make an impartial ruling, even if it means facing the same unjust fate as Dr. Bandaranayake without due process. It is difficult I know, but a sacred duty cast on the judges by the Constitution itself to uphold the Constitution and thereby the Sovereignty of the People by ensuring the Rule of Law. Judicial office is not for the faint-hearted, those afraid of repercussions or enticed by the carrots of executive favour on themselves or their family members. Surely, the Supreme Court may have at least a few judges of the right caliber, at least from among those appointed before the 18th Amendment. If not, the flame of judicial independence stands snuffed out at the very top of the judicial system.”
The case is due to be supported on 06.02.2013.
Here is the text of the Motion to the Supreme Court dated 28.01.2013 that has been sent by registered post to all respondents, including the Attorney General and 6th Respondent Mohan Pieris.
Print Friendly, PDF & Email

Latest comments

  • 0

    Acid test for the Judiciary.

    Lady justice, scales of justice, and blind justice. Each part of the statue represents something different. This statue dates back to ancient Greek and Roman times, and the lady in the statue is themis, the goddess of law and justice. The scales that she holds represents the impartiality that justice is served and the sword represents the power that is held by those making this decision. The lady blindfolded to show that justice is not subject to influence.

    • 0

      The point is why is the opposition sitting in parliament rather than taking to the streets and organizing and educating the people to get rid of the Rajapakse dictatorship since its own and parliamentary rules of procedure have been violated and the parliament is a parliament of Kangaroos that ran a Kanagroo court.
      The Opposition parties should stop attending parliament since it is a circus. The clown Ranil Wickramasinghe and the rest of the parliament of morons, thugs, goon and fools, should stop pretending that the parliament is “supreme” and start being a proper opposition – talking to the people rather than talking rubbish about Latimer House rules of the obsolete and irrelevant organization the Commonwealth of Clowns!

  • 0

    The entire bench must act to preserve all that the Sri Lanka JUDICIARY upheld all these years with recognition all over the world save the period where the two Silvas’ functioned and desecrated.
    The King cannot use his rubber stamp the supreme den of clowns the thugs rapists chain snatchers murderers drug lords and so on controlled by the security officer brother to remove all the judges. This is the hour for MR to know what the SC stands for minus the thief cheap Justice Mohan Peiris. he must be waiting to see if any will throw in the towel to bring DEEPALI Wijesundera a tart who did what he wanted

  • 0

    Congrats Dr S!
    This is a great responsibility on the shoulders of our judges. May they see light and perform a truly national and patriotic duty by ensuring the independence of the judiciary. The only hope for the people and for human rights of our country

  • 0

    Our so called peoples representatives like MR,Weerawansa, Dylan , Vasu , Mahindananda and even Ranil have shown in public what they think of our judges and the lawyers.They say these chaps wear black coats and red robes but are actually fraudsters and unprincipled.They are called lords and ladies like in england which is not relevant in a country of a low culture which earns their money by sending their women as servants to Saudi Arabia.The greatest happiness for a sri lankan is to get a visa to go to US , Canada, Australia or even Malaysia.Those who live in the country because they cannot get a visa, earn money by getting bribes, commissions, cuts, kickbacks or easy job as politcal appointees.Can a nation like this produce law lords who will be independent and fair ? Are we expecting a nation which has existed in a particular way for 2000 years to now act in a different way ?

  • 0

    “It is only God who knows” said by former Attorney General Mohan Pieris is nothing to do with his own conscious but taught, forced, directed and guided by an ever uneducated, uncultured and an uncivilised Villege thug President Mahinda Rajapakse who manupulate each and everyone under his wings.

    The ever corrupt crook swolen with false pride ruined every honesty, pride, goodwill and reputation that Sri Lanka built all these years both locally and among International community, now ruined everything that was left in Sri Lanka while ever invalid opposition leader Ranil Wickremasinghe allowed MARA to play pandu even in his home court…….now boasting about latimer House magic wand.

    Infact of going into into street and protest with the people against Rajapakse dictzator, the ever sleeping Beauty Mr.lazy Boy Ranil is doing politics in the air condition chamber in the parliament and giving press reports to journalists. Better he gets his ass into the streets, before MARA sleeps with his beloved Honey Bunny….next time.

    This MARA Moron does not listen to anybody and in the following Derana interview ex.CJ Sarath N. Silva tells about MR’s character.


    When you see the video interview Sarath Silva says that MARA not only does not listen to anybody’s advise…but only trying to show his false wisdom to force others to say what he wants and implement projects with nobody’s advise or approvel and as a result wasting both Sri Lanka’s good name and Billions of Dollers. Jailing Gen.Fonseka, CJ impeachment, implement LLRC and 13th Amendment, CB hedging deal, hambantota harbor, airport and stadium are few of them.

    How MARA appointed fake cabinet ministers yesterday costing additional 400 million rupees a month is another MARA showing his dictator rule to the country, while all the Govt.ministries run at billions of rupees loss every month.

    Also MARA suddenly again added export tax of 10 rupees per kilo of tea yesterday, which was increased six months ago. Without even the knowledge of Plantation Minister and the tea exporters association MARA imposed export tax even for the tea containers that were about to ship in the harbour and the exporters are finding difficult to meet this extra cost.

    Remember how MARA increased import tax on cars by one million rupees each when they were already in the Harbour for clearance and others for others who have already opened their LC’s.

    MARA syatematically destroying private enterpreneurs in Sri Lanka while saying he is helping them. While all the Corporations under Govt. ministers loosing Billions of rupees every month, MR is bankruptcing the little left over private sector businesses to acquire them under MARA dictator control, while everybody looking helpless to carry on their businesses and trying to survive. This is the way crook MARA destroying Middle and upper class business community.

    While MARA son Gon hara…ka Namal got the highest marks ever of Sri Lanka history of 98 marks at the Law exam……today two students from…… Rajapakse Central College….. in Presidents home town of Weereketiya topped GCE AL in Both Math and Biology subjects in whole of Sri Lanka.

    This is another mystrey in Sri lanka’s history where two students from same school taking the best results in two major categories out of whole Sri Lanka.

    Please read the following news web.


    These are the biggest mysteries happening in the Rajapakse Lunatic Government to show public how his Hambanthota Clan doing business and to employ his villege goons to top Govt. positions in the near future.


    After installing over six hundred family goons to top Govt. positions, now MARA plans to destroy the rest of the future generations by appointing his Weeraketiya villege goons by doctoring their results and by recruiting them for future Govt. jobs and positions while destroying private sector companies and enterprises to acquire them under his regime.

    This is MARA dictator plan to take the whole country under his control.

    Therefore all country loving patriots, opposition parties, trade unions, professional bodies and the clergy should help USA to bring a change to our country by toppling MARA Dictator…..

    I hope ever invalid UNP opposition leader Ranil Wickremasinghe will help in this struggle, since he never helped in both instances when Gen Sarath Fonseks was jailed and when CJ Shirani Bandaranayake was impeached.

    I hope and pray that Ranil is no more a MARA goon and to help Sri lankans to seek justice through UN.

  • 0

    Without much ado, let the Principal just show to the country the marks these students obtained, term by term in the 3 years of A/L.

  • 0

    Looking at the picture it looks like it has been raining outside

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 5 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.