18 September, 2020

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Lawyers Petition Supreme Court Against Sirisena For Appointing Acting President Of CA Bypassing CC

Conveners of Lawyers for Democracy have today petitioned the Supreme Court against President Maithripala Sirisena for making successive appointments of Acting President of Court of Appeal without approval of the Constitutional Council.

The petitioners Lal Wijenayake, G. A. Sunil Jayaratne, Luxman Jothikumar and R. A. Namal Rajapakse have petitioned against Attorney General and Speaker, Karu Jayasuriya, Members of the Constitutional Council – Prime Minister, Ranil Wickremesinghe, Leader of the Opposition, Mahinda Rajapaksa, Mahinda Samarasinghe MP, Chamal Rajapaksa MP, Bimal Rathnayaka MP, Thalatha Atukorale MP, Jayantha Dhanapala, Naganathan Sellvakumaran, Javed Yusuf and Justice Deepali Wijesundera (Judge of the Court of Appeal) and Secretary to the President, Udaya Ranjith Seneveiratne.

In the petition SC (REF) 107/2019 Conveners of Lawyers for Democracy urged Supreme Court; 

1. the Petitioners leave to proceed with this application in the first instance;

2. an Interim Order that the President [represented in these proceedings by the 1st Respondent AG] should desist from making any further acting appointments to the office and position of President, Court of Appeal, until the hearing and final determination of this application.

3. A Declaration that the Petitioners’ fundamental rights under Article 12(1) have been and continue to be violated by the actions of the President, represented by the Respondent AG;

4. Appropriate Interim Directions that the President represented by the Attorney General, and/or the 13th Respondent of the Presidential Secretariat to submit to Your Lordships’ Court;

a) The decisions and actual letters of appointments, pertaining to the Acting Appointments made to the Office of President Court of Appeal from on or around 9th January 2019 and thereafter from time to time;

b) The Approvals and/or correspondence (if any) of the Constitutional Council, received by the President pertaining to the Acting Appointments made to the office and/or position of President, Court of Appeal after 9th January 2019.

5. An Interim Direction on the 2nd to 11th  Respondent CC, to submit to Supreme Court, all decision(s), correspondence and deliberation(s) pertaining to any acting appointments as President, Court of Appeal purporting to have been made in respect of the 12th Respondent;

6. A direction that the President, represented by the Attorney General, is required to forward fresh suitable nominations acceptable to the Constitutional Council for the office and position of President of the Court of Appeal;

7. A Declaration that the decision to consecutively make acting appointments to the office and position of President of the Court of Appeal without the approval of the Constitutional Council is violative of the Constitution and in particular Article 41C of the Constitution read with Article 12(1);

8. Declare that the actions of The Hon. President represented by the Hon. the Attorney General, have violated and/or continue to violate the Constitution and in particular, Articles 33, 41C & 109 thereof;

a) Declare that The President represented by the Attorney General, has acted contrary to the Constitution, and in particular Articles 33(1)(a) 33(1)(c) & 33A as read with Article 4(d) of the Constitution;

9. Grant exemplary costs,

10. Make such further and other just and equitable orders as to Supreme Court shall seem fit, in the circumstances of this application, under and in terms of Article 126(4) of the Constitution of the Republic; and

11. Such further and other reliefs as to Supreme Court shall seem meet. 

To read the petition in full click here

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Latest comments

  • 21
    1

    Lawyers for Democracy,

    Remember, Sirisena carried out an illegal and unconstitutional coup, and it was the Supreme Court that stopped the madman.

    Until the executive presidency is abolished, the people will have to keep appealing to the Supreme Court.

    Sirisena, a List like no other, in a Land like no other.

    • 14
      0

      Bro Amarasiri,
      .
      Coming colour is no good for SIRISENA. His reactions ahead of can even wired than what we were compelled to experience in last October 2018. BP Rajapkshes is rumoured to have decided MINIMARU Gotler to be their common candidate for upcoming PE.
      :
      All in all, if GOTLER would be elected by whole lot of grass eaters in this country, the staple food will become ” rata thanakola” with main curry ” human flesh” will be found in any retail shops across the country. That is on one hand is good, since we need to get rid of RATATHANAKOLA eaters sooner than later.

      • 11
        0

        Babalathaappu Sahodaraya,

        If Gota becomes Presidential candidate and President, then MaRa will be elected PM, and it will be a happy MaRa Fuksa family affair with the Grass Eaters eating whatever Gota hands over. Some of the Mini-Mus can be fed to some grass eaters and some as nutrition for the grass, to be fed as grass to the grass eaters.

        Still, even those grass eaters with IQs well below 79, need to live. After all they all showed up by evolution.

    • 11
      0

      The days ahead of us, we can see SIRISENA will be flown to 6-feet under as Rajapakshes were dreaming it to happen shortly after last PE.
      .
      Rememeber ?
      :
      This time 5.8 Mions and 6.2 Mio will have to stand against SIRISENA sooner than later.
      :
      This man Sirisena behaves as if no law and order would ever be applicable to him.
      :
      We want the bugger be RAW BURRIED SOONER THAN LATER.
      .
      We the ones stood against BP Rajakshes are fallen speechless today, not knowing our once upon good man, elected by our votes to stand against us today.
      :
      Sobitha haamuduruwanee.. oba apata sihiwenawa !..Our great REV SOBITHA THERO had the best these on BPUTHA Sirisena.

  • 12
    1

    Every court has a jester. But in Sri Lanka, the land of Modayas, the King himself has taken on the role of jester.

  • 5
    2

    As and when Goata come to power, he will put MS behind bar. I think so, he would not be indecisive like MS.

  • 7
    0

    When Can we have a Presidental Commission of Inquiry to invite representations and complaints from the public on corrupt, unethical and unconstitutional acts of the President?

  • 4
    0

    double whammy for the president.Gota is the presidential candidate.Mahinda has endorsed.Tells sirisena it is payback for the hoppers.Gota has given application for renunciation of US citizenship.

  • 3
    0

    The “Father” of the Constitution that introduced this “PRESIDENCY” to Sri Lanka said : “Now I can do anything, other than to make a man a woman and a woman a man”. This present “President” Sirisena is a “LIVING PROOF”. This “Sirisena” has gone a step forward than “JRJ” and has proved that even a “NEUROTIC” can become a “PRESIDENT” of Sri Lanka. Where is Rev. Maduluwave Sobitha Himi? Are you up there and watching what’s going on in Sri Lanka? WADINU MENA YALI LAK BIMATA. (Come back to Sri Lanka) No. Please DON’T. I am sure you will commit “SUICIDE”.

    • 5
      0

      Reminds me of the old Tamil proverb of a bunch of flowers in the hands of a monkey

      Kettikaran

      • 1
        0

        Kettikaran: The monkey will use the bunch of flowers wisely.
        It will eat, if there are any, the edible flowers.

  • 4
    0

    This is a President who is lunatic and a madman, who doesn’t know the head or tail of what he does. All these are to please and protect the Rajapaksas in the hope of getting their helps to go for his next term. Sirisena wouldn’t care two hoots to anything or anyone, only what matters for him is power and his next term.

  • 6
    0

    Lawyers should have also pleaded the court showing that Sirisena violated the Constitution as per the Supreme Court and he has no right even to sit as a President.

  • 7
    0

    Gota has to be stopped, if he has applied to withdraw his US Citizenship, some one in USA who was affected by Gota should immediately file a case in a US Courts. If some one is trying to give up the citizenship to get out of a case, then US does not permit it. Also Elections Commissioner should ensure its not only the application of Gota to withdraw the citizenship is needed at the time of registering his name as a candidate, a document from the US Govt should also confirm that they have accepted his request and the US citizenship has been cancelled. Just a confirmation to state that an application has been made is inadequate as the application can be withdrawn at any time before the acceptance of it by USA.

    • 1
      2

      Buddhist
      You should change your name to ………..
      Don’t use underhand tactics to block someone from contesting for Presidency.
      Free and fair elections are held for people to cast votes at their choice.

      • 2
        0

        Free and fair election is when a honest person wants to contest. In this case a person who was managing killing of people, attacking news media, stealing government money to pay for his parents “sohona”, how can he be an honest person. Further he wants to give up his US citizenship to become the President of Sri Lanka so that he can save his neck and his close family members necks from the grip of the law!

        • 1
          1

          Buddhist
          The next President is not a Rajapaksa. 100% guaranteed!

    • 3
      0

      Buddhist:

      Mahinda Deshapriya will be lenient when dealing with Gota so he will be satisfied with a photocopy of the latter’s application to the US to renounce his US dual citizenship.

      • 3
        0

        If that is the case lets take Mahinda Deshapriya to courts. Lets petition supreme court now itself and get a ruling.

    • 1
      0

      bhuddhist
      his application is being already being processed because he gave it more than a week ago.I agree with champa below that he should contest.That is what democracy is all about.let the best man or woman win.However i feel he will fall short.At the last LG elections The SLPP got roughly 40% of the vote.This core group of voters i think will vote for him.Sirisena’s UPFA or whatever you call it got 12%.If all that 12% vote for gota then he will win.However sirisena’s SLFP consists of chandrika’s faction and the mahinda faction would have already joined the SLPP and would be in the 40% block vote for gota that SLPP got.The chandrika faction dislike the Rajapakshes and will not vote for gota.The SLFP’ers in the sirisena faction,we don’t know what percentage they consist of that 12% that the UPFA got at the LG elections.They have to be more than 80% of the SLFP to get Gota over the line.That means that chandrika faction has to be only 20% of SLFP 80% of the SLFP has to support sirisena over chandrika which is inconceivable.I don’t think chandrika has lost her grip over the SLFP to that extent.She must be having at least a third of the 12% who voted UPFA which amounts to 4%.Therefore even if all those who support sirisena vote for gota it is only 8% plus the block vote of 41% of SLPP giving gota a maximum possible 49%. Furthermore i don’t think the all the 8% who support sirisena will vote for the controversial Gota,not only because of his ruthless character but also because they voted at the LG elections thinking that sirisena was not allied to the rajapakshe as he is now today.So out of the 8% sira supporters i expect at least the minimum of quarter of them which is 2 %,not vote for gota.If you subtract from the 49% maximum for gota this 2% then he will get only 47%.

  • 1
    0

    One after other the nails are being driven on the SLFP’s final box. Colombo Media says that Old Brother Prince is confirmed as their next candidate from Slap Party.

    Whether New King will be standing or not, the Slap Party is in desperate need to kill SLFP. Portraying them as underdog made by SLFP will be the justification they can put forward to people for having split and destroyed SWRD’s SLFP. They need to show Sinhala Buddhists, that SLFP, the Heartless ad Mindless party, joint UNP to destroy the War Hero. That was the act made him to depart SLFP. One plus point they can work on is SLFP president stripped Old King’s party leadership and brought 19A,each member with a different provision in the act, to isolate and debilitate the Old Royals family not to stand for EP election.

    Now, Charika factor is something we have to wait and see. But yet temporarily SLFP is crippled to zero. There is lot of chance she can recapture the party, provided no new disadvantaged emerge. If she position party in the middle, she will be the King maker after that, No TNA nor JVP.

    Most probably, New King will be wipe out of history.

  • 1
    0

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  • 0
    0

    So, they want to abolish this not so executive president who reports to Lawyers, constitutional council and to the Professional corrupt Legislators and the PM. Lawyers for democracy are good people. they are there to keep the american constitution at the Top. Only problem is Jayampathi wickramrathne and Sumanthiran or Sena wijesinghe or the team of bond Scam lawyers is not there but Namal Rajapakse is there.

  • 0
    3

    The first two names of the list of petitioners says it all!
    If the Acting President of the Court of Appeal is so and so, there won’t be any petitions.
    Lawyers have never been this low in the entire history.
    There is no restrictions for the President to appoint an Acting President.
    Besides, CC has no authority to exercise Presidential powers, as the 19th Amendment was half done without a Referendum.

  • 1
    0

    Thank you to the Group of Lawyers for petitioning Supreme Court against Sirisena for bypassing the Constitutional Council of SL (CC) in appointing the acting President Of Court of Appeal.
    The CC comprise: Chair- Speaker Karu Jayasuriya, Prime Minister Ranil Wickremesinghe, Leader of the Opposition Mahinda Rajapaksa, Executive President’s nominee Mahinda Samarasinghe MP, Leader of Opposition’s nominee Chamal Rajapaksa MP, Speaker nominee (?) from JVP Bimal Rathnayaka MP, Justice Minister (ex officio? ) Thalatha Atukorale MP, non-MPs chosen by parliament Jayantha Dhanapala, Naganathan Sellvakumaran & Javed Yusuf
    .
    We, layLankans, feel that the CC is meeting its obligations.

  • 1
    0

    Why everyone makes Sillysena a Joker when the country itself is a land of Jokers. Look at me and my Educational Qualifications my proxies have obtained me a failure in O/L Examination. But that is no disqualification because ,I don’t have to get a pass to be a MP. My IQ is far below 79 and just managed at 15, and that itself is enough to be a minister or the President of this country.

    With all my inherent advantage of my Minister father and his political power at my disposal, I have to be contended in the Kudu Business, while my dream of being a Minister is still eluding. I do not know what democracy is denying my dreams coming true.Some might say the LTTE terrorism is the cause.

    When those ran away from the battle front are getting Hero’s welcome, I am seriously looking for the revival of LTTE . Considering the power and positions Karuna, Pilaiyan and KP of LTTE enjoy, people like me who aspire to be Patriots and Heroes should have a chance to fight run and then become a hero. There should be another war for people like me.

  • 0
    0

    All dirty politicians have the habit doing such things only with the intention on breaking the morale and confidence of important departments so then they could buy off people for their dirty work.

  • 10
    0

    It is really important for one to write a scholarly article about Rajapakashas clan and why they are trying to grab political power again, and if elected what sort of governing we might have to endure as all the indications are that once elected they will introduce policies and systems that will be more extractive politically and economically to get enrich themselves and their stooges , marginallizing all those with talents and skills who can really prosper if there is to be level playing field created through exclusive economic and political system. The very reason why this clan is shunning this proper neo-liberal system from being implemented as they really want three pilers of the democratic governance: legislature, judiciary and executive work for this clan with no check and balances to constrain their power.

    We become really idiots if we hand over political power again to this clan, and of course MS self centered actions are finally playing in to the hand of Rajapaksas clan for their own advantage, and it is better someone who understands all these mechanics advice MS to desist from making foolish moves as he has been doing lately.,and surely he is digging his own grave, and this time it might be deeper than 6 feet! We need to create a discourse in the society to educate the masses on the danger of giving back this political power back to Rajapaksa clan! We need to create a political system that will reduce the political power over functioning state machinery and its instutiions, and what we have introduced over the past four years are historical ,though yet to function properly ,towards creating very inclusive political and economic instutions. we should move forward by further strengthening those institutions rather than allowing MS/ MR camp to destroy them! as they are hell bent to do that!

    It is pathetic our ignorant some of the very few Honest JO politicians believe that MR has got a magic pile to solve all our problems with out really understanding what is in their store as that will surely unleash with grave consequences politically and economically for all of us.

  • 0
    1

    President was perfectly correct stand that decision of an appointment of Acting Judge which that not against rule of Law? Its suited to that current legal system of Island.
    Judiciary has to learn and should know that simple fact is current President of Democracy govt. .of that is/was Presenditial system of government since 1977,which is not a Parliamentary headed system…Westminster order . Our is to an even some extent that our nation is semi-Indepdenance since 2015 January 8th!!@ $$.
    By and large his power vested to President by constitutional power to an appointment Judges that only by the President of Republic . It was correct rule of Law of land . Which is correct reading of constitution of an Island.
    We an urgently want to be established New Law School to be teaching legal system of Sri lanka.!

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