13 December, 2017

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Mohan Pieris And Nihal Jayamanne Draft MR Questions For SC Opinion

In a startling revelation, the De Facto Chief Justice Mohan Pieris and Chairman of Seylan Bank Nihal Jayamanne had drafted the two question posed by Mahinda Rajapaksa to the Supreme Court for its opinion, the Colombo Telegraph learns.

De facto Chief Justice Mohan Pieris

De facto Chief Justice Mohan Pieris

Pieris and Jayamanne are close confidantes of the President with Pieris being the former Chairman of Seylan Bank prior to his controversial appointment as Chief Justice.

However, the fact that Pieris a sitting judge of the Supreme Court and the Chief Justice of the country had drafted the questions together with his colleagues is an unprecedented move never before witnessed in the history of any judiciary around the world.

The Supreme Courts duty is to act independently when such opinion is sough and many say that the independence was compromised upon appointment of Pieris as Chief Justice.

The seven judge bench are therefore most certain to provide an opinion favourable to the incumbent as expected.

Earlier, on Monday Attorney General Yuhanjan Gunathilake was called in to the chambers of Mohan Pieris and briefed on the fact that the opinion of the Supreme Court was sought by the President.

Thereafter the Bar Association was notified yesterday that they should provide a written submission on the two questions posed by the President, tomorrow ( Friday).

The Supreme Court is to provide its opinion on Monday the 10th of November to the President.

The constitutional conundrum in the seeking of the opinion is such that no person could thereafter file objections or file an election petition before the Supreme Court regarding the matter.

The Supreme Court comprises 11 Judges out of which Saleem Marsoof is set to retire in December. 7 judges are currently on the bench which provides the opinion to the President and only three judges are thereafter left to hear a an objection or election petition against the move by the President.

In normal circumstances a quorum of five judges are required to hear such  an application, and in any event the three judges would not go against the opinion of the 7 judge bench. In the event they do, it would be invalid as a 7 Judge bench had already most likely provided an opinion favourable to the incumbent thereby barring any move to challenge the legality of the Presidents move to call for an election.

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Latest comments

  • 3
    1

    [Edited out]

  • 3
    3

    MR will get away with it. how many changes he already made.

    • 13
      4

      What a country!

      All institutions are operated by corrupt crooks, criminals, lunatics & cronies. From the very top to bottom.

      Cheers!

      PS: King Kong should seek answers to his corrupted questions from experts of Mahawansa. Not from the Supreme Court of Sri Lanka.

      • 7
        0

        Ben Hurling

        You can say whatever you wish to say. Nothing will change.

        The great Sri Lankans will elect Mahinda-the-thug with a landslide victory at the next Presidential election. Over to you!

  • 10
    1

    Montesquieu with all his erudition wrote these lines in the interests of humanity, nearly 260 years ago.

    “When the legislative and executive powers are united in the same person,or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner”

    “There is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined to the executive power, the judge might behave with all the violence of an oppressor”.

    What Montesquieu wrote in his wisdom and what we learned as students is now in full flush to oppress Sri Lanka.

  • 3
    1

    Will the Legislature hear the plea of the people and step in to bring this Presidency down? Doubtful. That is why there is kite flying with regard to a referendum after the Presidential Election. To keep them hopeful. The Judiciary of course can be expected to bend over backwards to please the President regardless. We have to wait some years for the catharsis of a violent overthrow.

  • 7
    2

    The post-office petition writer, policeman, judge, executioner, undertaker and slave combined in one role in our Supine Court!

    Would this expose make a difference and turn the tables on MR’s plans? Difficult to expect, but possible, if those who sit on the bench can feel the pulse of public opionion and the low estem the people have of them. This is an opportunity to redeem themselves.

    Dr.Rajasingham Narendran

    • 8
      3

      Dr.Rajasingham Narendran,

      The individuals in question are not interested in self-esteem or redeeming themselves.

      They are only into plum poistions, perks, privileges and unlimited earning possibilities that will flow their way.

      Let us not kid ourselves. These people do not have the balls, character or the will required to act, in the interest of our country.

      Cheers!

  • 5
    1

    Then president JRJ has done this kind of constitutional gimicks and try his best to rule the country at his will. Everyone know what happened then.We lost 60,000 brave youths and 100,000lives in north too. President and Supreme court can do what ever they like to do . But they must understand the truth. The country and its people will not take their views and actions as peoples will. You wait and see!

  • 5
    1

    The opinion of the supreme court is a foregone conclusion.
    Most members of the court are ‘indebted’ – including the CJ – to the president.
    Hence, there will be a presidential election in January.
    The president will become more powerful and will hold powers of a virtual dictater.
    He has the army – and police – in his grip by giving them all they desire, including diplomatic appointments – any opposition will be crushed.

    Sri Lanka is entering the darkest era in its history – unless, a ‘common candidate’ is found.
    This is now virtually impossible.

    • 3
      0

      Honble Ranil Wickramasinghe , This is over to you , and please expedite with all others concerned to find THE COMMON CANDIDATE before 10th November. What hurry they are in to get the result , which is already a foregone one, of constitutional consultation ?

  • 7
    1

    It is the former CJ Sarath N Silva who has to take responsibility for this mess. If he had not allowed crossovers, MR would never have had his 2/3rd majority. A democratic parliament would have prevailed. Hakeem and co would not be able to sell their souls and the people of this country would have the power to decide their political future

    • 6
      0

      Upali,

      Sarath N Silva should take responsibility not only allowing the crossovers but allowing this MR to go scot free after he openly embezzled the Tsunami Funds where he was exposed by Lasantha Wickrematunge for all to see.

      Now MR will be allowed to contest a third term by the servile in the Supreme Court. These servile are the Henchaiyas of MR, referred by CBK who were also known as ‘Sereppu Supas’ under Premadasa.

  • 5
    0

    …and all what the Sri Lankan people will do is sit, watch and believe. The country is being hijacked by the Rajpaskse’s. Mohan Peiris but I am surprised by Nihal Jayamane’s involvement in this conspiracy. Then again he wont be Chairman of Seylan without the nod from THE family.

  • 6
    1

    President Rajapaske is a Machiavellian ,i.e.; cunning amoral and an opportunist. He prepared his first term by eliminating Laskman Kadirgamer, then he played out the Tsunami fund to pay VP to prevent Tamils voting for Ranil.W. At the second round Basil kidnapped the election commissioner and kept him imprisoned in the Temple Trees till the results were for M.R. Once the guilty party knew the actual winner, opponent was dragged and from his office to be imprisoned for 3 years. S.F. ‘s political rights had been stripped and was made voiceless. Now his de-facto Geneva liar Mohan’ Pie-risk’ being the CJ and as the author of these two questions, What is expected from 7 bench supreme court?( Seven Dwarf’s) If MR cannot write to ask those questions, well what could one expect from him . An illiterate wants to govern the land for another term or till he dies? He is not immortal is he!

  • 4
    0

    SUPREME COURT is now a SUPINE COURT thanks to to the Executive Presidency.

  • 5
    0

    A country of spineless and selfish donkeys…how did things come to this?
    By the utter passivity of the people, that’s how. A haven for thugs and crooks, as no one stood up for the rights of the people when they needed to. Now it’s a bit too late, unless it’s a mass scale uprising. Hopefully the Rajapakse rule will end soon somehow. No point of economic or infrastructure development anyway, when fundamental things such as law and order don’t exist.

  • 5
    0

    One look at the Supreme Court and the verdict is a foregone conclusion.

    Mohan Peiris – Corrupt servant boy of Gotabhaya/travel companion of President

    Eva Wanasundara – Dumb as a goat/ protected timber dealers as AG

    Buwaneka Aluvihare – Ace bootlicker, servant boy of Gotabhaya/was presented this post as a present for prosecuting Sarath Fonseka

    Abrew – Raving maniac but batchmate of President

    Marsoof – Eyeing a diplomatic posting on retirement

    No point going on actually

  • 0
    0

    Supreme Court has the exclusive jurisdiction to interpret the constitution. The fact is that the sovereignty of the people lies in the constitution. When interpreting the constitution the court must be guided by the provisions of the Interpretation Act and the well established principles. If they deviate from these guidelines today, they will be destroying the future of this country and its people.

  • 1
    0

    These traitors to the nation Rajapaksas and their cronies are systematically paving the way for a civil conflict.. and utter chaos. “Cry the Beloved Country”!

  • 2
    0

    This bloody CJ Mohan Peris will go down History as the worst and the lowliest CJ ever. As a CJ the position is equal to the Executive of the country and is not second to any. Unfortunately this CJ demeans the post of CJ by being an errand boy to MR just like Sajin Vass. One’s stature can not be acquired like education. You are born to it. So no wonder we have nincompoops as Mohan Peris as a CJ, a glorified servant of MR a gamey baiya.

  • 1
    0

    There is nothing new for Tamils on this. This was the verdict they got it for Indian Pakistanis citizenship case. This is what they got for the Koddeswaran case. The same thing they got from Chief Jester Silva when they tried to get a opinion from ICC. Now the Sinahala Intellectual tasting is little bit of the Genie they created.

    Everybody knows the 18A was passed only to give a chance for the incumbent president. The opposition is not ready. When it cannot match on the election, it is trying to match the Royal Government on the tricks. While blaming the Royal Government is dishonest, it is trying to find out dishonestly challenge the election. If the Royal government is one time fraud, The Chief Jester Silva, who acted as in the opposition, committed two times fraud. Now government has tripled it. Silva gang would shy to quadruple it.

    It is the opposition started. It could not talk in the Shiranee dismissal. The reason was the government has authority to do that. When the war crime issue came up, same explanation. Same action. Now 18A, Election…. is the issue. Suddenly opposition is inventing, only in this issue, Royal Government does not have the authority. Government is declaring the election early because they want to win. Opposition not ready (or here after it can never win an election), so doesn’t want the election. Who started this game with the 3A? Opposition! Another opposition’s comedy thamai!
    So this is the result now. The Supreme Court saga was originally created by Chief Jester Silva. He is one said he waited for King come back to power 2nd time, so that he can play a trick on that. Then he said that he is going to court. Now the King has gone ahead of Chief Jester Silva. The entire drama of the CJ Silva may because of the money he received from the Royal Family. It looks like he is the one pushed it to go on this direction.

    The constitution is nowhere talking about disqualification. Neither is it nowhere saying as soon as a candidate accepted the 2nd term the disqualifications sets in. The Constitution is generally talking about a person who served a 2nd term will not be qualified for the third term.

    Sinhala Intellectuals fooling the Sinhala Buddhists. Will the Royal family, Kind and the princes also be fooled by this?

  • 1
    0

    This monkey man who is as fake as to the Barrister’s wig and the Gown he wears to cover his face and body is a shame to the whole justice system.

    It is much respectable if he wears an “Amude” and beg in front of the Fort Railway station.

    The “Only God Knows” monkey given a Gold Toilet.

  • 1
    0

    Judas betrayed Jesus for 40 Shillings. This currant day Judas is betraying 20 million humans for a bowl of rotten Chicken soup and pig shit.

    How much low our Judiciary could go.

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