20 October, 2017

President’s Office Attempts To Destroy Independence Of The Judiciary

Azath Salley, former Central Provincial Council member speaking to a Colombo Telegraph has confirmed that the President has assured him that he would not interfere in the Constitutional Council’s selection of the President of the Court of Appeal.

President Sirisena

Earlier, in a blatant disregard of the independence of the Constitutional Council and the Judiciary, the President’s Office had requested the nomination of the 3rd person in the seniority list, Justice P R Walgama for consideration as the new President of the Court of Appeal. The current President of the Court of Appeal Justice Vijith K Malalgoda PC, was promoted as a judge of the Supreme Court last week, hence the vacancy.

This caused a major crisis, threatening the independence of the Judiciary by the interference of the President’s Office. The Judicial Services Commission too was up in arms on the forced nomination to name the 3rd most senior person, ignoring two senior judges Deepali Wijesundara and Justice A H M D Nawaz. A reliable source says that there has been opposition from the Government to the appointment of Justice Deepali Wijesundara. She, as President of the Colombo High Court Trial-at-Bar, convicted former Army Commander, Field Marshall Sarath Fonseka to three years imprisonment in the ‘white flag’ case due to pressure by former President Mahinda Rajapaksa and Defence Secretary Gotabaya Rajapaksa. Justice A H M D Nawaz has acted as the President, Court of Appeal when he was sworn in by President Maithripala Sirisena on October 26th, 2016 during the brief absence of Justice Vijith K Malalgoda PC when he was out of the country.

The Constitutional Council headed by Karu Jayasuriya has the authority to reject the nomination. The other members of the Constitutional Council include Prime Minister Ranil Wickremesinghe, Leader of the Oppostion R. Sampanthan, Ministers Champika Ranawaka, Wijeyadasa Rajapakshe, John Seneviratne, JVP Parliamentarian Vijitha Herath, senior Civil Society leader A. T. Ariyaratne, former Under-Secretary-General of the United Nations, Special Representative for Children in Armed Conflict Radhika Coomaraswamy and Former Solicitor General and President’s Counsel Shibly Aziz.

Judges of the Court of Appeal as per seniority-

Justice Deepali Wijesundera

Justice A.H.M.D. Nawaz

Justice P.R. Walgama

Justice M.M.A. Gaffoor

Justice H.C.J. Madawala

Justice L.T.B. Dehideniya

Justice K.K. Wickremasinghe

Justice S. Devika de L.Tennekoon

Justice P. Padman Surasena

Justice L.U. Jayasuriya

Justice S. Thurairaja P.C

JURISDICTION OF THE COURT

Subject to the provisions of the Constitution and of any law, the Court is vested with the following jurisdiction – Appeals from the High Court in the exercise of its appellate or original* jurisdiction (Article 139)
Appeals from any court of first instance and any tribunal or other institution. Sole and exclusive cognizance by way of appeal, revision and restitution
Power and authority to inspect and examine records of any court of first instance (Article 145)
Jurisdiction to grant and issue according to law, writs of certiorari, prohibition, procedendo, mandamus and quo warranto (Article 140) other than matters relating to the exercise of the powers of the Elections Commission established under Article 103 of the Constitution (as amended by the 17th Amendment)
Jurisdiction to grant and issue writs of habeas corpus (Article 141). Jurisdiction to grant Injunctions (Article 143) 
Jurisdiction to try election petitions in respect of the election of Members of Parliament (Article 144)
*Appeals from judgments, sentences and orders pronounced at a High Court Trial at Bar lie direct to the Supreme Court by virtue of the Code of Criminal Procedure (Amendment) Act, No. 21 of 1988

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Latest comments

  • 17
    3

    The president is becoming an authoritarian ruler. Its time PM Wickramasinghe sketched out the boundaries for the President. Yahapalanaya would be destroyed by Sirisena’s gamme antics

    • 12
      2

      All are Politicians first, thereafter only Leaders.People will definitely rejoice for not appointing the Senior Most judge.

      • 1
        0

        Agree,no stooges

    • 7
      2

      Werasinghe Mallawarachchi

      “The president is becoming an authoritarian ruler.”

      The “President” has become a “Maha Rajaneni” , the second one after independence in 1948.

      He has also earned the Titles of Turncoat, Traitor, Gona (Colloquial Sinhala, by accepting Santhosams from Mara and cronies, for better treatment for their crimes), Mala Perethaya ( eating off those who were killed by MaRa and cronies) and Sevalaya( Sleaze) from those millions who voted for him over MaRa and cronies.

      What is the standard punishment for Turncoats and Traitors?

      • 2
        0

        This man Sirisena never can be an authoritarian as he has no “balls” to stand up to tough nuts.

  • 8
    0

    As mentioned in the Article, People believed that the Judges on seniority, has given in to pressure exerted by the former Government. It is not too late, Government should take appropriate disciplinary action against the said judge, if it believes so as evidenced from its refusal to promote.

  • 12
    2

    Salley is obviously rooting for Nawaz, a pet of the Rajapakse regime who was also Mohan Peris’ lapdog. His record as a stooge in the AG’s Department is known to all in Hufltsdorf.Mohan Peris saved him from dismissal from the Department and once Peris became AG, did all the dirty work for him. Peris got Nawaz appointed to the Court of Appeal. Nawaz is bidding his time, praying for MR’s return. Deepali Wijesundara is a well-known MR stooge. She was a terror in the High Court and convicted Fonseka without a fair trial. Azad Salley is actually speaking for Nawaz, not for justice.

    • 7
      0

      @Ruwan, yes. That seems to be the case. Does not Nawaz also have some criminal investigation pending against him?

      Seniority is not the main and only criteria. Merit is also important. Walgama has not a single black mark against her name. Why should these other two who have all the black marks be preferred?

  • 4
    8

    This article at the beginning says it is Azath Sally who wants his man in the Appeal court.

    Looks it is like islamization of Sinhale project .

    I think Azath Sally is well known as a ISlamic Fanatic who wants to Islamize the country.

    • 5
      1

      jimsofty dimwit

      “Looks it is like islamization of Sinhale project .”

      If it is a Sinhale (lion blood) project it should be stopped at any cost.

      “I think Azath Sally is well known as a ISlamic Fanatic who wants to Islamize the country.”

      If that is the case Azath Sally and dimwit should be stopped (by any means necessary – Dayan) without a shot being fired.

      • 0
        0

        Dumb Native Vedda:

        You are a UNP, Tamil christian.

        It is not only you I also have rigths to talk about my country. We talking politics here. So, every thing is OK.

    • 0
      0

      js
      “This article at the beginning says it is Azath Sally who wants his man in the Appeal court.”

      But this is how the beginning reads:
      “Azath Salley, former Central Provincial Council member speaking to a Colombo Telegraph has confirmed that the President has assured him that he would not interfere in the Constitutional Council’s selection of the President of the Court of Appeal.”

      Am I missing something or is there text written between the lines?

  • 0
    0

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  • 0
    0

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  • 0
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 0
    0

    This process is confusing to me a little bit.

    In case of appointments of Vice-Chancellors of Universities, the University Council names three out of which one is appointed by the President. Here does the CC gives a list of names for the President to Pick or President names people for the CC to pick. Only on one occassion did President CBK rejected all three names from the council of a particular university. I think in the best interests of good governance the President should be tasked to pick from amongst the names selected by the CC. If it is the other way round HE can refuse to nominate until his nominee is agreed upon even at the expense of the smooth functioning of the machinary.

  • 1
    0

    CT target on President to be removed from by vested interest of UNP Leader to become next President in 2020?

    That is New political trend of propaganda unite was start by CT agitation campaign by united UNP new political-wing?

  • 2
    1

    We want to know that Assad Sally is up to what?

    Who are the foreign and local forces behind Sally?
    There is ample evidence says Assad Sa……is funding by Saudi base -Sunni Muslim Extremist Islam out-fit.
    Sally has sound money -power to be air views that his by against character assignation of President Sirisena !

    We agreed President M Sirisena has been unnecessarily involved an appoints of Judiciary last 27 months by influences & pressure of UNP Primer Ranil Wicks and Mrs Chandirake Kumarantung. That is there.

    Every body knows the fact remain behind that President has no control over Judiciary that all type of changes.

    This not that talk on against President only ,it will created uncertainties on the National security of the country; by and large the domestic leading political elements are encouraging by Muslim Congress and Rished Buddidean and certain political elements of UNP’s by certain ISIL elements in Dambulla, that Assad Sally to move forward against President????

  • 0
    0

    CT starts the article with Azath Sally’s statement. Rest of the article has very little to do with Azath Sally. Why should he be quoted. Azath Sally is Mr. Nobody

    • 0
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      Nawaz was the stooge of the Rajapaksa regime.While serving in the Attorney Generals department he was involved in number of scandals and financial deals.Both ‘Jusice’ Nawaz and ‘Justice’ Gaffoor were appointed to the Court of Appeal almost at the same time.There was a resolution moved in the Bar Council at that time against both appointments.Nawaz was criticised for corruption and Gaffoor for molesting an underage maid servant in 1996 or thereabout while being the Magistrate of Avissawela.However both the judges were on purpose not put on important benches and were mostly assigned to hear land cases and run of the mill appeals where there is minimum opportunity for corruption.

  • 1
    2

    merit should be the criterian,never seniority.If seniority was the criterion we would not have won the war.stooges of the rajapakshes should be kicked out.

    A good way of finding a merit criterion is to see how many judgements given by a appeal court judge has been set aside in the supreme court.If a judge is not making the correct judgements then either he or she is not having sufficient knowledge or is corrupt,or maybe plain careless in looking at all the facts in the case.

    Fonseka should never have gone to jail.The judge erred and deserves to be out.

  • 0
    0

    Does anyone remember the name WASIM THAJUDEEN? what a rape of the judicial system in this country !!!!

  • 1
    0

    At this rate judges I’ll refuse to hear cases involving Politicians that is all that will happen

  • 1
    0

    At this rate judges will refuse to hear political cases

  • 1
    0

    I know first hand that Walgama has never been doing any work. So there is no way that she will be criticised. Good way to have a so called good name!! Ha ha ha ha

  • 1
    0

    check the court of appeal website and you will see the amount of judgements each judge has given. This will clearly show you how much work Walgama is NOT doing!!

  • 0
    0

    Nawaz is the actual stooge who was appointed out of turn. Walgama has never gone out of Colombo. Eternally pampered by all bosses

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