The Supreme Court yesterday, ruled that land powers were vested in the government and not in the Provincial Councils. The bench comprised de facto Chief Justice Mohan Peiris and Justices K. Sripavan and Eva Wanasundera.
The Judges ruled that under the constitution land was vested in the people or the central government to be handed over to the provincial councils according to law and on their request.
To read the de facto Chief Justice’s judgement in full click here
justice / September 27, 2013
This judgement is in effect a fault finding exercise of one set of judges – supreme court – on the determination of another set of judges – the appeal court – after 25 years of existence of the 13th amendment which,among other matters,deals with use of state land for specific purposes by provincial councils.
As an ordinary layman,I wonder whether use of state land for purposes of erecting places/buildings by citizens,namely army officers,and buddhist monks for worship,namely buddhist temples and buddha statues,
enlarging temple lands by viharadhipathis, without any permission from the central government,alienation of state lands by erection of sign boards saying “reserved for the army” and naming “high security zones”,taking over of private dwellings and land where they are situated,are in order without these being approved and gazetted by the government.
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Nagananda / September 27, 2013
This judgement is void in limine as Mohan Peiris who presided over the bench remains disqualified to sit as the CJ when there is no vacancy and it will be declared void in future.
The law states that the Chief Justice shall be appointed by the President provided that there is a vacancy exists (Article 107 of the Constitution). And therefore any appointment made for any office that is officially occupied remains invalid and no force in law.
With two judgment pronounced by the Court of Appeal and the Supreme Court that nullified the PSC inquiry process and it’s decision remain in force and Justice Bandaranayaka, although not allowed to perform the office of the CJ, remains to be the CJ of Sri Lanka.
Therefore, although MP has been installed as the CJ by force and occupying the office of the CJ will make every judgment MP deliver invalid and they will be declared void in future, causing tremendous hardship to the innocent litigants.
Every senior lawyer practice in the Supreme Court recognising MP as the CJ knows what they are doing is disgraceful in the name of Justice. Unfortunately for them money making has supersede all their obligations to the people of this country.
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Safa / September 27, 2013
Defacto CJ in his wisdom has denuded the Judicial System.
(d) The High Court of the Province stands denuded of jurisdiction to hear and determine the matter as the subject of the action pertains to State lands and the subject does not fall within the Provincial Council List – namely List I.
With one stroke of the pen he has broken up the judicial system into provincial and central. He has stripped the magistrate and district courts of any power to adjudicate in state land matters. So in future if anyone has a state land issue has he to go to the supreme court? If criminals squat on state land, go to the Supreme Court to get an injunction? Height of absurdity.
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JimSofty / September 27, 2013
See how US select Supreme court Judges. Completely based on their political views.
Sri Lanka did not do that. that is why Sri Lanka suffered from the former CJ.
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Park / September 27, 2013
US Justices vote based on their interpretation of the Law. But in Sri Lanka the Cheap Justice him self has violated the judgement of the courts and accepted the appointment. No one is saying its wrong to interpret the law, but for the Cheap Justice to say that the constitution which gave land powers to the PCs under the 13th amendment is wrong shows that the Cheap Justice is really Cheap and has been purchased by the Government.
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Patriot / September 28, 2013
MR should have done a background check on ShiraniB and learn that she has been messing with the NGOs for too long to be his ‘man’. For that reason alone, MR should not have appointed her as the CJ in the first place.
Actually, the woman had no principles whatsoever. With that plum job set to her hubby, ShiraniB played very well with MR at the beginning. Only when MR didn’t back her stupid hubby, she started to pour her venom out and bite in to MR’s power. She got in to a do or die situation. Its too late, I suppose, when she realized her backers would abandon her eventually.
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JimSofty / September 27, 2013
There is no perfect justice.
Top court judges should think about the country and it’s sovereignty.
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Native Vedda / September 28, 2013
JimSofty
“There is no perfect justice.”
Hence lets abolish the Judiciary.
“Top court judges should think about the country and it’s sovereignty.”
No the judges should uphold Justice.
In case if you haven’t learned the meaning before, here is it:
Just behavior or treatment.
The quality of being fair and reasonable.
Synonyms
fairness – equity – right – righteousness – justness
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Dr.Rajasingham Narendran / September 27, 2013
According to the 13 th amendment State land is a devolved subject. Whatever is said in this verdict, that fact stands yet.
Of course these powers are devolved from the President. However, he has to act on the advice of the Provincial Council.
The fact the other PCs that have functioned up to now have been vassals of the Central Government and have not insisted on their constitutionally sanctioned rights, h does not mean the NPC has to accept what is implied in this judgement. There are likely to be many such cases coming forth before the Supreme Court during the course of the next few years. The final word has not been yet said on the subject.
I am looking forward to the opinion of constitutional lawyers , including Mr. Sumanthiran.
Dr.Rajasingham Narendran,
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NAK / September 29, 2013
“Of course these powers are devolved from the President. However, he has to act on the advice of the Provincial Council”
But it does not qualify with ‘ONLY’advice of the Provincial Council.
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Rama / September 27, 2013
mohan peiris is [Edited out]
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Sengodan. M / September 28, 2013
We have yet to hear what the courts have to say on the very large scale land grab in the North in peace time!
Sengodan. M
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aratai / September 28, 2013
India thinks Indo-Lanka pact is the best deal for Tamils.
But,
North-East is de-merged,
Now No land power,
Soon No police power as well.
Looks like TNA’s election manifesto is the way to go.
:-)
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Dr.Rajasingham Narendran / September 28, 2013
The option to merge is yet there in the 13th amendment . If the mechanisms spelled out are followed a merger between adjecscent PCs can take place.
Dr.RN
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NAK / September 29, 2013
“Soon No police power as well”
Police powers are already gone with the 18th amendment.
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R.Dias / September 28, 2013
What is said in this statement by Harsha clearly explains the position….quote….” This case was filed by a person who was ordered to vacate possession of a state land. He requested the Provincial High Court (PHC) to issue a writ of certiotari quashing the order. However the PHC held that it has no jurisdiction to quash it as state lands is not a subject of the Provincial Council List. The Court of Appeal held otherwise. However finally the Supreme Court upheld the decision of the PHC. This case is based on the jurisdiction of the PHC and has no bearing on the powers of the Provincial Councils. The Provincial Councils are still entitled to land powers to the extent they are permitted under the Constitution…” unquote..
What more can we expect from the CJ 44 who is a political stooge ….It for this purpose that he was appointed …He does not know that the World knows about his independency….hik…hik…hik…
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Rama / September 28, 2013
shit lankan supreme court is run by the turd lankan government and mohan peiris a thick para chingala geezer has to say yes for his masters. what’s intriguing is even before the the northern council is formed, confrontation has already begun. if that’s what chingala primitive savage pariahs want let them have it by all means. we know how to deal with it.
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