27 October, 2020

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Petitioners Call On 5 Judges Chosen By 6th Respondent De Facto CJ To Reject Preliminary Objections In Impeachment Process Challenges

Lawyers for the petitioners challenging the controversial Parliament Standing Order 78A that was used by the Rajapaksa regime to exclude Chief Justice Dr. Shirani Bandaranayake from exercising her functions without a fair or impartial inquiry, have filed a joint written submission calling for the dismissal of so-called ‘preliminary objections’ raised again by those opposed to relief being granted to prevent the case from being considered on its merits, the Colombo Telegraph is able to report today.

Chief Justice Shirani Bandaranayake

Chief Justice Shirani Bandaranayake

SC (FR) 665, 666 & 667/2012, the three cases filed by Athula Chandraguptha Thenuwara, Janaka Adikari and Mahinda Jayasinghe the three sets of lawyers have filed a joint written submission which will now be looked at by a ‘special bench’ handpicked by de facto Chief Justice Mohan Pieris to hear the case. The bench allowed a few intervention applications led by junior President’s Counsel Nigel Hatch to support the Attorney General in opposing the granting of relief. These intervening parties are now again raising preliminary issues that were raised by Attorney General and already overruled by granting leave to proceed in the cases. Investigations by Colombo Telegraph reveal that Hatch is being sponsored and supported by 6th respondent Pieris to be appointed to the Supreme Court bench by the Rajapaksa regime as a reward for his loyalty. After the controversial 18th Amendment, all appointments, promotions and sackings of Supreme and Appeal Court judges are done directly by President Mahinda Rajapaksa without any quality or integrity controls.

The petitioners’ counsel had earlier objected to Pieris (6th respondent in the case) picking some judges and leaving other judges out as improper and against all Principles of Natural Justice. However the 5 nominated judges had refused to send the file back to Pieris with a ruling that in view of the concerns, it would only be proper for all judges of the Supreme Court to be allowed to hear the case.

A very senior constitutional lawyer contacted by Colombo Telegraph (who requested not to name him), said it seems clear the intention now is to get the preliminary objections upheld, which means the cases would not be fixed for hearing on the main issues and the court would then not have to consider the strong issues raised by the petitioners on the merits of the case at all.

Here is the joint written submission filed by the lawyers for the petitioners asking the 5 judges to reject the preliminary objections and fix the cases for hearing fully on the merits. Click Petitioners WS – Preliminary Objection

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    Please educate your magistrate about this: 25% cancer hospital patients had lived around the illegal garages more than 10 years. Cancer, headache, skin diseases and disable kids, hearing defects and many more non-curable diseases are happening due to these garages. But many Magistrates are protecting them for money, sex and other influences. If you do not have CEA approval and 40 perches and access road around 20 feet and safe zone you cannot operate spray paintings/tinkering/welding garages in residential areas. These garage owners scare the residents and take forcibly letters and some give money and take letters and some are taking letters from relatives living around these illegal garages. Therefore police cannot do anything and some police officers take money and protect these garages. Mount Lavinia police station is very famous for protecting these garages. Three Wheels and old vehicles are the main customers of these garages. Most of these garages are place for crime, drug and breaking the robbed vehicles. Many robbed three wheels are reassemble in these garages.

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      Now that the CHOGM circus is over, civil society and the Colombo NGO crowd must MUST demand a REVIEW of Mahinda Rajapakse’s appointment as Head of the organization, and ensure that benchmarks are set for democratization in Sri Lanka or require that he be stripped of the post..
      Right now Commonwealth has merely boosted the dictator in the eyes of many Sinhala village idiots who believe their dictator’s propaganda..
      Hence, Rajapassa should is required to be ACCOUNTABLE in a time bound fashion and asked to demonstrate progress on CORE VALUES OF DEMOCRACY AND HUMAN RIGHTS, not only by an investigation of war crimes as Cameron has demanded, but also by restoring the proper Chief Justice, the 17 Amendment to the Constitutions, Right to information and pass a bill against Hate speech and return of lands and demilitarization of north – or otherwise Rajapassa should be stripped of being head of CHOGM..

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    Let’s wait and see.

    With Camoren’s firm demand for installing rule of law and good governance directed at Rajapakse, with apparent threat for international probing, the subservient stooges in the Rajapaske’s pawn judiciary, may take a different view, thinking that the tide is now turning against the President.

    If they do, that also amounts to a betrayal of the faith placed in them by the stooge de facto Chief Justice, who bribed them with Mercedes for tolerating his appointment against the rule of law.

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    Kamlesh Sharma should now be forced to be ACCOUNTABLE and act on the findings of reports he commissioned that found the impeachment of the CJ in Sri Lanka illegal..

    He MUST force Rajapassa to restore the proper CJ, or be stripped of being Head of the Commonwealth of Clowns!

    If this does not happen, Sharma should be made ACCOUNTABLE for violating the organization’s purported “core values” of Democracy and Rule of Law, and MUST RESIGN from the post of Secretary General.

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    The picture says “Chief Justice Shirani Bandaranayake”. Wrong. Must read “Impeached ex-CJ”. She was not lily-white after all.

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      NARI SABRY,

      EVEN IF CJ BANDARANAYAKA WAS AS BLACK AS TAR SHE WOULD HAVE STILL BEEN CJ HAD SHE NOT REASSERTED HER VALUES AND RULED AGAINST THE DIVINEGUMA BILL AS BEING ULTRA VIRES. THERE WAS NO OTHER REASON AS TO WHY SHE WAS SO DISGRACEFULLY TREATED OTHER THAN HER MOST LAUDABLE DECISION TO SAY ” TO HELL WITH WHAT THEY DO TO ME, ENOUGH IS ENOUGH.”

      THAT WAS HER MOMENT OF GLORY… A SLAP IN THE FACE OF RAJAPAKSA IMPUNITY.

      WE ARE BUT HUMAN BUT AS OSCAR WILDE PUT IT ” WE ARE ALL IN THE GUTTERS BUT MANY OF US ARE REACHING FOR THE STARS”

      THE RAJAPAKSAS DON’T TOLERATE THAT. THE NUMBER OF SEWER RATS IN PARLIAMENT ARE AMPLE PROOF OF IT. IT’S A SICKENINGLY ABHORRENT GOVERNMENT MADE OF GUTTERSNIPES.

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    I don’t think anybody claims that she is a lily-white.

    Issue and the manner and circumstances under which she was ousted, violating all norms of the rule of law and completely undermining the Judiciary and making it absolutely subservient to the President.

    Now the Judiciary behaves like school children summoned before the Principal. When President Rajapakse commands them to turn left they do and when asked to turn right they do. This is betraying of the the trust placed in them by the people outright.

    Having removed CJ, the worst thing this spin master Machiavellian did, one claims that Sri Lanka has a robust independent justice system to the international community, is probably the worst thing that one can imagine.

    Mohan Peiris arguably corrupt to the core stooge of the President was installed in the office of the Chief Justice.

    Those who have little bit of insight and in the profession are fully aware that learned people with integrity refused to accept the office of the CJ when offered by Rajapakse. This includes Bulla, C R De Silva, died recently.

    In this background peoples’ demand for restoration of the good governance with the recalling of the CJ unlawfully removed remains inevitable and well-founded, and Rajapakse now knows that he cannot take the international community for a ride and he has to amend his wrongdoings fast, before the tide is turned against him.

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    move on already , she s not coming back . Cam MORAN can dance his gigue . There is nothing he can really do .

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    Sri lanka is famous for playing without Umpire or playing With Hora Umpire. As Goth Claim If Nambiar was allowed to meet Prabakaran. Prabakaran Would not have been killed. in the First place Nambiar proved himself subsequently that he is a Hora Umpire.

    Now coming to the subject our lady CJ is said to be Not Lily white.

    A cloth is said to be soiled if there is speck of dirt on it. So the Conclusion is that she was dirty whilst in Office. She did things to the Justice which the Street Walkers a capable and do!

    She better accept the fate that befell on her. After all Kala Kala De Pala Pala Dei. As the saying Goes.

    The Entire Constitution Was ruined by her for petty favours bestowed on her by Moron Politicians.

    The Politicians may behave as they do as they could be dealt with by the people. A judge should realise her/his responsibilities and act accordingly.

    You can never become Chaste once you have Crossed the Line. The Number of crossing is immaterial.

    If any one sleep even once with a street dog cannot expect to escape the ticks and fleas. It is better to apply Carbolic Soap and Bathe to get rid flees and ticks.

    This is not to Say that De facto CJ in pure and fine. He is worse.

    But that is the Curse on the Country. Thanks to the Path created by the deposed CJ

    Noiw it is the People who have to somthing about it. Otherwise let all left in the country face the music. For what they have done.

    Residents in Sri Lanka Has Got The Goverment They Deserve as they have voted the leader not once but several times over. They are getting ready to Vote the leader in once again.

    Heil Hitler

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    When ordered why she did not present herself at the palace?

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    LEVI,

    “A cloth is said to be soiled if there is speck of dirt on it. So the Conclusion is that she was dirty whilst in Office. She did things to the Justice which the Street Walkers a capable and do”

    TAKE A MILLION SHIRANEE BANDARANAYAKA’S AND WASH THEIR CLOTHES IN A TANK. MEASURE THE DIRT.

    WASH MR’S SATAKAYA IN A SIMILAR TANK.
    DON’T MEASURE THE DIRT.

    SHOVE HITLER UP YOUR SOUTHERN APERTURE.

    I GATHER THAT YOU’RE A FLAWLESS PERSON? MY , MY !

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    Sri Lanka Supreme Court had so much opportunities to overcome issues concerning the independence of judiciary. When Sarath Silva was appointed CJ over looking Justice Mark Fernando, that appointment was challenge as some saw it as a step towards to politicisation of the judiciary. Sarath Silva destroyed all respect people had in court system. When Shirani Bandaranayake was appointed to the Supreme Court that appointment too was challenged as it was clearly a politically motivated appointment. Supreme Court dismissed the petition. Now again there is another petition concerning the independence of judiciary. I will assure you Supreme court once again dismiss this petition as there is not a single judge with a back bone in the supreme court. I wonder whether we need a supreme court in Sri Lanka. It is a waste of public money.

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