27 September, 2020

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‘I Still Am The Duly Appointed Legitimate CJ, There Might Be Violence If I Remain In My Chambers’ – CJ Shirani

By Colombo Telegraph

“Since it now appears that there might be violence if I remain in my official residence or my chambers  I am compelled to move out of my official residence and chambers particularly because the violence  is directed at innocent people including judges, lawyers and committed members of the public. The 16 years I have spent in the Supreme Court have been dedicated to uphold the rights of the  people in this country. I have always considered it my solemn duty to protect, to the best of my  ability, the life and liberty of human beings and the rights of children and their education. I have  always acted to that end.” says Chief Justice Shirani Bandaranayke.

Shirani Bandaranayake

We publish below the full statement she made today;

I am the 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka. As the Chief Justice, I have an obligation and an unwavering duty towards the judges, lawyers and the citizens at large of  my country.

I stand here before you today having been unjustly persecuted, vilified and condemned. The treatment meted out to me in the past few weeks, was an ordeal no citizen let alone the Chief  Justice of the Republic should be subjected to. The 32 years of continuous service at the University of Colombo and the Supreme Court, during my 54 year lifespan, I have rendered in varying capacities  towards my motherland, is rewarded unfortunately, in this unjust manner.

Though I was accused and arbitrarily convicted by the Parliamentary Select Committee, I have been   vindicated in the bastions of the law.I take solace in the fact that, the due process and the rules of natural justice of which I was and continue to be an advocate and a firm believer, have been upheld by the superior courts of this country. The Supreme Court, acknowledged by the Hon. Speaker as having the sole and exclusive jurisdiction in interpreting matters relating to the Constitution, in its  recent interpretation, unequivocally declared that the PSC and its proceedings therein were unconstitutional and illegal. Moreover, a Writ of Certiorari was issued by the Court of Appeal  quashing the findings of the PSC. Therefore, the decisions of the PSC are ultra-vires, null and void and have no force or validity in law.

In the circumstances, in my country which is a democracy, where the rule of law is the underlying  m threshold upon which basic liberties exist, I still am the duly appointed legitimate Chief Justice. It is not only the office of Chief Justice, but also the very independence of the judiciary, that has  been usurped. The very tenor of rule of law, natural justice and judicial abeyance has not only been  ousted, but brutally mutilated.

I have suffered because I stood for an independent judiciary and withstood the pressures. It is the  People who are supreme and the Constitution of the Republic recognizes the rule of law and if that  rule of law had prevailed, I would not have been punished unjustly.

The accusations levelled against me are blatant lies. I am totally innocent of all charges and had  there been a semblance of truth in any allegation, I would not have remained even for a moment in  the august office of the Chief Justice. I can stand before you today as the Chief Justice, a citizen and a  human being, purely because of that very innocence.

Since it now appears that there might be violence if I remain in my official residence or my chambers 
I am compelled to move out of my official residence and chambers particularly because the violence  is directed at innocent people including judges, lawyers and committed members of the public. The 16 years I have spent in the Supreme Court have been dedicated to uphold the rights of the  people in this country. I have always considered it my solemn duty to protect, to the best of my  ability, the life and liberty of human beings and the rights of children and their education. I have  always acted to that end.

I thank all those who stood with me and the greater cause to fight for the independence of the judiciary.Even though I have not been meted out with justice today; time and nature will justify what I have  done and what I and others who shared my beliefs have stood for. Many will come and many will go. What matters is not the person who is the incumbent custodian of  this position. What matters is the continued existence of an independent judiciary.

Thank you.

Dr. Shirani A. Bandaranayake
The 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka
15 th January 2013

Read the speech in Tamil here

Read the speech in Sinhala here

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Latest comments

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    She is Mad.

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      Yes, everyone goes mad when they are persecuted unjustly for the principles they stand for. For a society, it is good when everyone goes mad because then, there is perfect equality. When there is perfect equality, there are no conflicts, fights and wars. What a socialist state we have created!

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      Unlike boot lickers you represent – she is the grand lady that the educated lanken would further respect.

      Today the Rajapakshes have become dogs – not being able to work according to the rule of the law. Their times are numbered. Commonwealth and all other IC bodies would take every actions against the man. My wish him to be punished in Hague – causing greater numbers of civilian casualties in the war end.
      Barbaric Rajapakshes should be punished by every means in the near future. Karma will check it closely.. SOONER THAN YOU GUESS AT

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      Lula or leela wardana, lives like a madakanaya unable to differentiate between a learned judge and lawless provincial thugs, who have usurped the victory won by a great General Sarath Fonseka, and made big by rigging the ballot boxes. Who wants to live in a lawless country, even madakanaya has chose USA as its abode, yet for personal gain, sings praise of his puppet master.

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        We need to help her with her OP. Today it s becoming easier TV to have a better life after getting their hormones under control. I really dont know any other ways to describe why this PARTICULAR OVER 65 OLD LEELA the TV behaving in this way. I can understand nature of shanty dwellers and the poor masses being easily manipulated by state media – but such a person like Leela once said to have lived on the west, but still not seeing the matters rationally is unthinkable to me. If she or he lives on a village in srilanka, I dont wish that particular village to be abused by her way of tactics. Accusing anyone of being bound to NGOs, if right thinking ones would just leave their PROVABLE arguments and the impact of the unconsitutional impeachment, they have further been embarraced by leela, instead of seeing her or his own life.

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    Great, it will be written in gold that you are a fearless CJ who stood against a despotic family regime which destroy the rule of law in this country.Please dont give up keep up the stuggle you are the legitimate CJ in this country and the massess are behind you.

    • 0
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      Rajapakshes actions are shortsighted.. time will prove it to the masses soon.

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    Rajapakse committed harakiri. This matter would be finally resolved very soon restoring the civil liberties of the people and installing the unjustly removed CJ. It is a pity that this arrogent man ignored all advises given by the learned people. Wittingly or unwittingly Rajapakse will face the same fate of Sadam in Iraq, Gadaffi in Libya. Like Idi Amin in Udanda Rajapakse may be forced live in exile at the end. It is sad to see the man who won the hearts and minds of the people, during his first tenor at the helm, falls to such a low level. But no one else to be blamed except for his arrogent conduct and greed for power.

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      Gadapi could atleast be found dead on a drain, but the fate of MR would be seen very different.. that we will get to see in the near future.

      What country you think would be his exile ? Almost every LEADER considers him as the most dangerous – ignorant leader to the time.

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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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      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

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        very true

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      Yes,even Prabha could not stop the General but Idi Mahin did.

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    First, we stand with you and we honour your courage and forthrightness to stand by what you rightly believe in. We appreciate your kind consideration that you don’t want to place innocent people who stand against injustice to the judicial system in harm’s way.

    We would like to make a humble request that as this regime is fearful of you, though out of chambers and residence, than any other institution or person in the country, never underestimate its capacity to harm you and your fellow travelers in this journey for justice. This includes the fellow members of the apex courts in our country, as one of the first steps by Mohan Peiris and other dodgy characters in the judiciary would be to isolate the right thinking members and make them vulnerable to their influences or to threaten them.

    Your leadership and courage is very much needed by them at this hour to maintain the independence of the judiciary, for which you made many sacrifices in the last months. And we trust, you, and other right thinking members in the apex courts will stand together and guide without fear the legal fraternity to face the unprecedented and multi faceted challenges faced by them.

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    Madam, we appreciate your courageous stand. This is the prize given for being honest under MR regime. It is now up to the judges to decide about the verdict they have given against the Parliament. God’s blessing are there for you. Recent history has shown the fate of Gadaffi of Libya and Mubarak of Egypt. Truth will eventually triumph.

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    You are still the CJ of this country. MR can appoint 100 CJ’s but all none will be valid under the law.

    He is laughing on the belief he has won. This was the same way Prabakaran though for a long time. MR. Days are numbered as he has violated the constitution.

    The MP and the government MP’s of the PSC have also violated the constitution, and will face charges by this same very court.

    There are people who support the lawless rule of MR, because they have not evolved humans, and still wanting to live in the Kings ERA of dictatorial rule, even if the King does not respect the institutions.

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    Now let us build up a solidarity movement to force the government to reinstate her.

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    Good Bye to Sri Lanka Madam.

    Who started this steps to Sri Lanka? You Madam……..
    Who given legal authority to 18th Amendment?
    Who punished Sarath Fonseka?
    As you mentioned when you departure from you official riddance,
    I did my best to the low. No. it is not.
    You destroy our Sri Lanka with Horu..

    sorry.com madam…
    Apata dan god bless, Budu saranai .

    Jesus! Allah ! Buddha! come and save us!!!!!!!!!

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      “Ditta damm Wedaniya”
      Your statement shows that you don’t know Buddha’s teaching at all. I doubt you are a Buddhist. Buddha is not a god. No one can expect or get anything from the Buddha now. The Buddha has attained the “Supreme State of Nirvana” with his “Parinibbana.” One can get or have refuge in him only through the Dhamma he has preached. That is through adhering to Dhamma. There is no point in appealing to him. He cannot help you. That’s what I understand of Buddha’s teachings. If you are a Buddhist, then do not equate the Buddha with Jesus or Allah or any other almighty or lesser god.

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        You are one of the very few who have understood what Nirvana means.

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      Madam,
      You fed the cobras with milk (18th amendment) and they bit you after realizing that you were going to protect the 13th amendment to please the policeman of SAARC. Little you knew that Prez MR is not in good terms with the policeman of SAARC after UNHRC sessions in March 2012.

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    There are two issues in your case that has dragged the fair name of our CJ’s and the higher courts into the mire. The integrity of the Office of the CJ should be defended. Standing Orders are not the law
    or part of the Constitution. At those times when the Separation of Powers comes into issue in countries adopting the British style of rule, it is generally settled amicably with the legislature and executive yielding.

    But in our case the judiciary, in recent times and in many cases, is formed in controversial circumstances where seniors and the able are ignored for those parachuted from outside, packing political clout, only because they swear to follow that unhealthy practise of “you scratch my back – and I yours”

    You also appear to have got trapped in that carefully planned Family speciality where one is allowed to amass filthy lucre – and therefore expose themselves to vulnerability – in case relationships falter. It is that web that saw that semi-literate “General” in hot waters.
    That is the brief saga of your tasteless Rise and Fall too.

    I recently met a middle-aged lady from a respected family of much ancestral wealth – now in dire straits – thanks to Mr Lalith K/GKCCC. What she tells of you is not good to hear. Worse, she holds you responsible for the grave sins committed to her children and family. She says there was more than hope when another judge handled the case. She tearfully states all went to smoke when the file was grabbed to serve personal interests.

    You have to live with the notoriety you have created. Inspired cry-baby letters structured, poorly, by children did not and will not evoke the expected sympathy. The people are watching.

    Senguttuvan

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    We have two CJs’ in Sri Lanka today. One is the legal Chief Justice and the other the Cheap Justice.

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    A new form of terrorism is now born! Sri Lanka was celebrating the eradication of ‘so called’ terrorists a few years back, at least then we were all distracted with the war and could not put all our effort in ruining the county and pretended that we are fighting against the tigers and labelled them as terrorist, equating them to other terrorist organisations around the world.

    Did you all see the way the ‘so called’ former CJ (she lawfully remains the CJ) was treated today? Shameful! Today most educated people in Sri Lanka may have felt the feeling of discrimination, lack of justice and total lack of fundamental respect for human beings this is what Tamils have been facing as minority for decades!

    From Bandaranayakes to JRs to Premadasas to now Rajapakses it only getting worse as generations come. At least in the past they pretended to respect the constitution and its three organs. Today they pretend these do not exist! What will happen tomorrow?

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    This is Prabakaran incarnate, still getting rid of all the good leaders this country has for him to be King. I feel sorry for the man, being a Buddhist he does not seem to know his own religion.

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    We salute you madame for your valor in a just cause to have defied an all powerful adversary who let all hell loosen its vengeance to see you out from office and spread out their ill conceived tentacles by snuffing out what remained of the independence of judiciary and alongside with it the true sovereignty of people.The aftermath of this constitutional fiasco is that Sri Lanka has earned the status of a failed state with a vindictive executive,, a sham legislature and a sham Chief Justice. As you say men come and men go but what matters is the independence of judiciary.Your name will always be spoken and honored alongside with those great legal luminaries who contributed to the success and pride of our independent judiciary.

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    So this is the great favour Professori was doing to the higher Courts in introducing the lady to do that parachuting. As she was leaving in her vehicle she was more political speaking in Sinhala insisting she will always be with the people. The cat was out of the bag when a journo asked her to give a message in English. And our Chief Justice said “I am always IN people” further adding to the claim this was our first CJ who could not speak in English even to basic levels.

    Those large number of GKCCC depositors will be wondering if they are not part of the “people” she was trying to make a point. It is sad
    mediocrity has contaminated most of our once respected institutions.

    Senguttuvan

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    ex-CJ…will now run to the nearest Foreign Embassy….
    Canada – USA – UK….
    where a “Humanitarian” Visa awaits her….
    ( average Sri Lankan cannot even get a Tourist Visa )…
    with guaranteed… Free Housing – Jobs – Food – Health – $$$ –

    just in time to “BlackBall”…Sri Lanka…before UNHRC…March 2013..

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    “When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it–always.” Mahathma Gandhi

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    Rajapakse never been a professional & his history lot of corrupted & link with cheap former chief justice Sarath.There are lot of dictators like Hosni Mubarak Gaddafi & middle east leaders gone to hell. Very few days it will come to like in Sri Lanka.

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