21 October, 2019

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People Do Not Accept The New CJ, I Personally Told The President Not To Rush – Sarath Silva

By Colombo Telegraph

“People do not accept the new appointment as being valid. That is why they describe this as a de facto appointment. There are two legal terms – de facto and de jure – which means ‘only in fact’ and ‘only in law.’  The former Chief Justice has a legal claim to still being the legal CJ as the Appeal Court and the Supreme Court have both ruled in her favour. But Dr. Bandaranayake is not de facto. She is not the CJ. She is out. She was removed by the President. Her removal is questionable and so she has a legal claim.” says former Chief Justice Sarath N. Silva.

Sarath N. Silva and Mohan Pieris

“However, the appointment of Mohan Peiris as the CJ is also questionable. But President Mahinda Rajapaksa appointed him. This is a fact. When a person has a right to appoint a person, this does not mean all his appointments are legal. When the PSC findings are considered illegal, the rest of the decisions and the activities based on the PSC become illegal including its findings. That’s why the validity of the new CJ’s appointment is questionable.” he further said.

Sarath N. Silva made above remarks in an interview with Ceylon Today.

“This is a very serious situation though the government appears not to understand. The international image is very important for foreign investment. We can’t be a pariah State. Some countries such as China or Russia can be more repressive than Sri Lanka, but they are powerful enough to ignore international pressure. We are dependent on the international community for trade, aid and other support. We have to be very careful about our international relations. We received GSP Plus from Europe and additional concessions during President Kumaratunga’s tenure. In 2010, Sri Lanka lost the GSP Plus facility and Ajith Nivard Cabraal said we do not need it, which was not a wise statement. This has affected our exports and employment in the Free Trade Zones (FTZs). The situation will be aggravated due to these negative developments. All the trade benefits we won during the last few years will be lost due to silly issues. We can have a very good human rights record as we do not have a war or Southern violence. The problem is, the government creates problems and solves them in a self-styled matter.” he said when asked the possible repercussions at the international level.”

“I personally told the President to exercise some kind of caution and not to rush with the process of removal. There was a possibility of reaching a settlement. I recommended an acting appointment be made. They did just the opposite. This is the de facto situation.” Silva said.

“Dr. Shirani Bandaranayake’s impeachment process was initiated by the President. Although 117 MPs signed the impeachment motion, they were not the architects of the process. That’s the reality. They did so because the President wanted them to do so. I have nothing to gain or lose. So I am very straightforward in expressing my views.” former Chief Justice Silva further said.

For the Ceylon Today full interview click here

Related posts;

The Country Has Two Chief Justices, I Don’t Accept Either – Sarath Silva

President Can Appoint An Acting Chief Justice, No One Can Challenge It – Advice From Sarath Silva

Set A Former Chief Justice To Catch A Chief Justice?

Impeachment: ‘She Got Too Big For Her Boots’ – Mahinda Rajapaksa Talked To Former CJ Sarath Silva

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Latest comments

  • 0
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    How come Sarath Silva today make these statements? He was the first with Judicial background who informed the President that the President can appoint another CJ even before the legal CJ was impeached. This is another guy who is flip flopping. He is the guy who gave wrong judgement that favored President Rajapakse. Sarath Silva has no right to comment on anything regarding Justice or course of Justice.

    • 0
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      As it is becoming clear, all we the readers got to read were just single statements made by SN silva in terms of the CJ Dr B impeachment. GOSL is cunningly brought it to surface in that way to that time. Today only SN Silva revealed to Ceylon today, that not the 117 signatories but the president himself should be responsible for the impeachment issue against Dr. B. Slowly all what had been spoken with President becoming clearer to us all.

      https://www.colombotelegraph.com/index.php/people-do-not-accept-the-new-cj-i-personally-told-the-president-not-to-rush-sarath-silva/
      All these further prove us how unpredictable and revengeful the so called president has been.

      SN Silva is not nice the manner how he performed with Amds paving the way UNPers to cross over the ruling party, but in terms of the current situation, I believe what he reveals today is the truth. Right at these days, we the poor folks have no access to neutral news.

    • 0
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      Sarath Silva should write to the Commonwealth Organization and clarify that because of the rule of the Dictator there are 2 chief justices in Sri Lanka – one de jure and the other de facto!
      He should tell the British Commonwealth of Clowns a morally, intellectually and politically bankrupt organization, if it does not EXPEL the SL dictators to not to support the Sri Lanka dictator and to move the CHOGM meeting in 2013 to another country..

      • 0
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        Both CJ could do more in convincing IC and UN authorities the manner that the current Leader gets on with country^s judiciary. He is a liar, but the masses are stupid to manner they would not grasp it in this life. On the independence day speech – the bugger misinterpret the facts that many are well aware- for him UN, EU and other countries are enemies.

  • 0
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    He is the first weak appointment by former CBK.Today Bench is totally paralyzed.People no confident of law.Crime will increase.People never approach the court.

    • 0
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      Even SN Silva may be wrong in the past, it is worth to focus on the substance of what SN Silva ^interview. It shows that President himself was the initiator for the impeachment against CJ Dr. SB. It was President^s command caused 117 Parliamentarians to put the stamp as signatories.

  • 0
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    Sarath Silva probably did not get what he wanted from Rajapaksa so he has now decided to change his views.

    Typical chameleon act of a discredited past chief justice. people like him should not be trusted.

    • 0
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      Hitlerpaksha (Idi Mahin) should have given him either “Paba” or the “Cobra Girl” for his biological needs. Makes sense!!

    • 0
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      Correctly said. Sarath Silva always has his own agenda in every incidents. He should not be trusted by anyone. Also, judging by his past records, he lost his credibility and no more a gentleman.

  • 0
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    he is the person who mislead the Sri Lanka
    he is the one who corrupted the Judiciary
    he has no right to talk about independence of judiciary

    • 0
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      The destroyers of Sri Lanka dressed in pristine white . One even has the brass to preach Buddhism .

  • 0
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    he is the person who mislead the Sri Lanka
    he is the one who corrupted and spoiled the Judiciary
    he has no right to talk about independence of judiciary or rule of law.
    he should not be taken seriously.

    • 0
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      He is the person who knowing President stole tsunami International donation,still acquit him from the fraud.

      He is the one who changed law allowing opposition MP’s to cross into Govt. side for MR to get 2/3 majority.

      He is the one who pressed CJ.Shirani Bandaranayake to pass 18th amendment.

      According to some media ex.CJ Sarath Silva got rupees 15 million as kick backs from MR for acquitting him from Tsunami scandal.

      Please visit http://www.ask.com and type Sarath N. Silva.

      Also see following web sites.
      http://www.thesundayleader.lk/2011/09/04/a-sheep-in-wolfs-clothing-sarath-silva/

      http://www.derana.lk/index.php?route=programs/programs/programdetails&pid=85&vid=5582&page=4

      Also it say Sarath Silva Shipponed world Bank mony given to Sri lanka Judiciary to update judicial Laws, help Sri Lanka Bar association and train profressional lawyers.

      Also Diyawanna parliament after dark teaching Law to Female lawyers…..cannot be compromised with his compromised pants down verdicts.

      Therefore it is nobody….but Sareath N. Silve who ruined and disgraced Judiciary…….where MARA Hambanathota villege pim……iya is now taking advantage, humiliate and undermine without any respect, dignity and taking all the advantages.

      BOTH SARATH SILVA AND M. RAJAPAKSES ARE CROOKS, THIEVES AND THUGS.

      WELCOME TO NO MANS LAND.

  • 0
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    Whatever his past misdeeds,In this interview he has talked something correct, “de jure CJ is Shirani, de facto CJ is Mohan.
    Sarath is also correct when he says that the whole impeachment was directed by MR, not by 117 MPs.

  • 0
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    IF THIS IDIOT NEW THE LAW RAJAPAKSE WOULD BE IN JAIL FOR STEALING INNOCENT PEOPLES TSUNAMI MONEY. >80MILLION

  • 0
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    HE IS EQUIVALENT TO MOHAN PERIES.

  • 0
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    Now it is time nation to see in this way –

    ‘MR Got Too Big For his Boots’

  • 0
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    THIS IS WHAT HAPENS WHEN VILLAGE IDIOTS COME TO POWER.

  • 0
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    As per Mr. Sarath N. Silva, it is very clear that it was Mahinda Rajapakse who wanted to impeach the Chief Justice. For us, it is very clear that Mahinda did not win the Presidential but Gen. Fonseka hence we cannot call him President. Why was the Impeachment originated from Mahinda – what we feel is that the Chief Justice did not give her verdict in favour of Basil Rajapakse the brother of Mahinda to have the full control of Divi Neguma which involves billions of Samurdhi and other funds. Only the dictators think that they should be allowed to do anything that they want and those who go against their aspirations are kicked out or assaulted or murdered. Mahinda and others in the family should realise that none of the dictators in the world died peacefully. From Hitler to Gaddafi it had been either suicidal or killed as dogs or died as paupers. There are some very good points what Mr. Sarath N. Silva has stated and those are facts unlike what the politicians BRAY like donkeys/asses.

  • 0
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    He has now lost credibly in changing his stance
    from time to time

  • 0
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    Oh …. what a circus is this?

    During the Impeachment process, Mr. Sarath N de Silva was a HERO to the State Media both print and electronic. The Daily News and the SLBC hailed him as the greatest hero ever born and carried his interviews on a regular basis.

    Now wait and see how he will be depicted as the PARIAH by the very organizations that carried him on their shoulddrs.

    Thank you Mr. Sarath Silva for entertaining us. Please keep us alive.

  • 0
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    WAIT TILL GENEVA MAKES A DECISION ON THE FUTURE OF SRI LANKA.

    THE DEVIL DANCERS FROM RUHUNU AND ALL THEIR DRUMMERS AND FLUTE PLAYERS WILL HAVE TO RUN BACK TO THEIR MUD HUTS AND START COUNTING COCONUTS.

    “AROHARA GOVINDHA, GOVINDHAGE GE BINDHA,

    MOKADHA LEDE, BADE LEDE,

    KAVUDHA VEDHA, GOTHA VEDHA,

    THOTA BARINAM MATA DEEPANG,

    EKA DEKA KERA MAMA DHENNAM.

  • 0
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    PEOPLE OF THIS COUNTRY ARE AWARE OF YOUR SERPENT LIKE WAYS SARATH SILVA. YOU ARE LIKE A “DEPATH NAYA” LOOKING ONLY TO FEATHER YOUR OWN NEST. WHAT HAPPENED TO YOUR SIDDLING UP TO THE PRESIDENT WHEN HE WAS PLANNING TO IMPEACH THE CJ? YOU PUT YOUR ARMS AROUND HIM , GOT YOUR SELF PHOTOGRAPHED WITH HIM, MADE CROONING STATEMENTS, ALL IN THE HOPE THAT HE WILL LOOK YOUR WAY IN REPLACING THE IMPEACHED CJ WITH YOUR CROOKED SELF. NOW WHAT HAPPENED ? YOU HAVE BEEN KICKED OUT INTO THE DUST BIN , AND YOU COME OUT WITH BULLSHIT STATEMENTS. YOU DESERVE WHAT YOU GET AND MORE. DONT GO POOJAING TO TEMPLES WITH FLOWERS AND YOUR HOLIER THAN THOU FACE, YOU DONT FOOL ANYONE. YOU ARE FINISHED , KAPUT, THERE WILL BE NO RESURECTION FOR YOU.

  • 0
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    Sarath Silva says here, “I told the President not to rush..” Doesn’t he realize he has unveiled a lot of himself in this claim? To be on such talking terms on a matter like this Sarath Silva must be playing a damn good duble game. He is obviously cordial with the bloddy rascal. What else have you told the liar President, liar Sarath?

  • 0
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    This fellow is a useless joker and a disgrace to the law community. Shooo!

  • 0
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    Now Your are talking MAN.Even though belated action like the former Chief Justice Shirani.This Kabara Goya who appointed his pals to run Companies does not know his Economics though he keeps on talking of Macro economics he has learnt from his subordinates in the Bank and we have lost the GSP+ which has made so many companies here to close down.IF not for you Sarath dear this man MARA should be in Jail for stealing Tsunami Funds.Nevertheless it is better late than never.Keep barking

  • 0
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    Who asked you you freeking lunatic ,who plunged the ,country in to state of despair it is in today, single handedly. Less you talk the better it is for Sri Lanka.
    You certainly are a PIN MADA PUTHA . A thousand of you!!!!! OMG ! Together you could have destroyed the UNIVERSE!

  • 0
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    Dumb fools of SriLanka who sucks the political elites for their perks & sexual needs, Sarath N Silva is responsible for the mess Judiciary has fallen.

    Including that coward Wijedasa Rajapaksa.

  • 0
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    Mr.Silva I despise your chameleon nature. Yet you speak a goddamned truth. Thank you for your bravado even at this hour.

  • 0
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    Ex.CJ Sarath N. Silva is the cause not only for the down fall of Judiciary, law and order of the country……but also now been humiliated both by Executive and Legislature, M

    He is the person who knowing President stole tsunami International donation,still acquit him from the fraud.

    He is the one who changed law allowing opposition MP’s to cross into Govt. side for MR to get 2/3 majority.

    He is the one who pressed CJ.Shirani Bandaranayake to pass 18th amendment.

    According to some media ex.CJ Sarath Silva got rupees 15 million as kick backs from MR for acquitting him from Tsunami scandal.

    Please visit http://www.ask.com and type Sarath N. Silva.

    Also see following web sites.
    http://www.thesundayleader.lk/2011/09/04/a-sheep-in-wolfs-clothing-sarath-silva/

    http://www.derana.lk/index.php?route=programs/programs/programdetails&pid=85&vid=5582&page=4

    Also it say Sarath Silva Shipponed world Bank mony given to Sri lanka Judiciary to update judicial Laws, help Sri Lanka Bar association and train profressional lawyers.

    Also Diyawanna parliament after dark teaching Law to Female lawyers…..cannot be compromised with his compromised pants down verdicts.

    Therefore it is nobody….but Sareath N. Silve who ruined and disgraced Judiciary…….where MARA Hambanathota villege pim……iya is now taking advantage, humiliate and undermine without any respect, dignity and taking all the advantages.

    BOTH SARATH SILVA AND M. RAJAPAKSES ARE CROOKS, THIEVES AND THUGS.

    WELCOME TO NO MANS LAND.

    • 0
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      Mr. Ex.CJ Sarath N.Silva,

      It is non other but you who humiliated, corupted and made Judiciary cheap among Executive, Legislature, people, and among the International community.

      I don’t have to tell but it is you who lowered the dignity of Judiciary upto the extent of uneducated thugs started shouting filth, hitting innocent protesters with sticks when policemen were just looking without doing anything in front of Supreme Court……….and CJ Shirani Bandaranayeke was kicked out like a dog and a thief from her office and from her official Residence.

      Now as a result of your moronic, corrupted, and favouritism towards your Judgments and after Judiciary been corrupted, now the International Jurists have to come to intervene and rescue our Judiciary and CJ Shirani Bandaranayake from absolute dictator MARA and his Crooks.

      Non of your advice will be listened by MARA and his coolies anymore.

      AFTER DISGRACING JUDICIARY I THINK IT IS BETTER FOR YOU TO GIVE SOME PRACTICAL LAW LESSONS NEAR PARLIAMENT BY THE DIYAWANNA RIVER TO Law students WITH YOUR PANT…..IESI DOWN………THAN GIVING THESE KINDS OF AFTER CJ IMPEACHMENT INTERVIEWS.

    • 0
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      Mahela says:

      “BOTH SARATH SILVA AND M. RAJAPAKSES ARE CROOKS, THIEVES AND THUGS.”

      No, they can’t be all of that at the same time.

      Remember Sarath Silva was appointed by the President who in turn was elected by majority of the people.

      • 0
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        Native Vedda say……

        “Remember Sarath Silva was appointed by the President who in turn was elected by majority of the people.”

        What majority of vote president got……..after bribing VP for not allowing North East tamils to cast their vote where majority were UNP voters…..

        Lying to JVP that their demands will be complied….but later abandoned them after bribing UNP MP’s to cross over.

        Weak and gutless UNP leader who could not stand to face a tyrant comedian who gave the election win on a platter.

        Sorry state of UNP voters still trying to recover from that unnecessary and unfortunate defeat.

    • 0
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      Itotally agree.

  • 0
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    Mr Sarath Silva IF a Bank robber is caught with the stolen money would the law pardon the robber if he returns the money? we are watching u2 sir all who screw sri lanka.

  • 0
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    I remember a phrase that used to crop up in the Press in SL when I was a young man, any time old buddies ceased to be so – “When rogues fall out, honest men come into their own”. The former CJ’s belated criticism of his erstwhile friend reminds me of that saying.

  • 0
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    So I am very straightforward in expressing my views.” former Chief Justice Silva further said.

    May be he is Looking forward to make an appearance on TNL again.

  • 0
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    Sarath Silva is the biggest traitor in this county, he cage his colour whenever he thinks there is a benefit for him
    People should reject these jokers

    • 0
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      Gamini,

      He is, but he is not the one and only among that grade of traitors to date in the country. What I focused on his statements that he lately made to Derana, that president himself was the initiator for the Impeachment of the CJ Dr. SB. If President would not have commanded the impeachment, 117 of the parliamentarians would have not have signed and submitted it t to the parliament. But people of this country was made clear by the President himself – ” mama danne wath nehe mata me MPS la sign korala denakam ” – I dont know about anything until they signed off and submitted it to the parliament. This further confirms SO CALLED wisdom of the president. They play games like in Kindergarten. SN silva ^s comments contained that the current regime lacks the capacity – and no vision.

      • 0
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        This MARA Hambanthota hora thadiy is trying to deceive Colombo and International folks.

        These Kelaweddas have no class or reputation. They will even lift their Mo…ers or wiv…..s or daug….ers to get a piece of meat.

        No class, no respect, no dignity, no integrity thieves are ever ready to remove their white sarongs for a peace of meat……and their wives and children know about it.

        A thieve’s family den without a class.

  • 0
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    Had he given a ride to president ?????

  • 0
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    Whatever is alleged, the legal CJ is Dr.Shirani Bandaranayake. There are lot of contradictions in what Sarath Silva earlier and later. Why can’t he make a public statement that a country is reflected by a Judge who commands the highest respect in the society in all respects with noble qualities.

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