9 August, 2020

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Sara Refuse To Participate In De Facto CJ Appointment FR Case Because Bench Fixed By Respondent Mohan Pieris

The Centre for Policy Alternatives and Dr. Paikiasothy Saravanamuttu, who had petitioned the Supreme Court by a fundamental rights case FR No. 23/2013 directly challenging Mohan Pieris‘ de facto appointment and operating as Chief Justice, refused to participate in the case when it was taken up today (30.10.2013) in the afternoon.

Dr Paikiasothy Saravanamuttu - Co-Convenor CMEV

This was in protest at Pieris (6th respondent in the case) appointing a special bench of 5 judges, without all judges being required to hear the case. The counsel who appeared for CPA had withdrawn from appearing any more in the case, after the 5 selected judges (S. Marsoof, Chandra Ekanayake, Sathya Hettige, Shanthi Eva Wanasundera and Rohini Marasinghe) backed away from taking a stand that only if all judges are allowed to try the case without Pieris making any selection of judges.

When the case was taken up, counsel Viran Corea appearing with Luwie Ganeshathasan instructed by Namal Rajapakse informed to the court that they are appearing today only to inform court that the CPA and Dr. Saravanamuttu will not be party to such proceedings, where bench fixing is done against natural justice. Court was informed of this position in the motion filed by the petitioners on 18.09.2013.

Colombo Telegraph is able to reveal today that the motion informed court of the following facts and the reasons for the petitioners losing faith in the controversial process:

WHEREAS a five-member bench of Your Lordships’ Court that was constituted by the 6th Respondent was disinclined to have steps taken to secure determination of this application by a full bench;

AND WHEREAS Learned Counsel for the Petitioners withdrew from making submissions in respect of the subject matter of this application after seeking leave of Your Lordships’ Court for same, on the basis that it is inconsistent with the Principles of Natural Justice and improper for the 6th Respondent in this case who has a personal interest in this case to nominate certain Hon Members of Your Lordships’ Court to hear this case leaving out others, which fact was intimated to Your Lordships’ Court in Open Court on the last date;

AND WHEREAS consequently, in the totality of the aforesaid circumstances, the Petitioners are placed in a position where they do not wish to participate in the further disposal of this matter, which pertains inter alia to vital issues affecting integrity of judicial process;

I respectfully MOVE to inform Your Lordships’ Court that the Petitioners do not with great respect, wish to participate in the further disposal of this application in the given premises.

A copy of this Motion has been sent by registered post to the Attorney General and the Attorney-at-Law appearing on behalf of the 3rd and 5th Respondents and the registered post article receipts are attached hereto in proof of same.

On this 18th day of September 2013

Attorney at Law for the Petitioners

In this situation with the petitioners and their counsels refusing to participate, Attorney General Palitha Fernando and a team of lawyers from AG’s Department asked the judges to dismiss the case. He urged that the Supreme Court doesn’t have the power to try the case and to dismiss it without looking into the merits of the case.

The judges said they will make their order later without a date being given (called as ‘order reserved’).

Senior lawyers and law academics contacted by Colombo Telegraph who asked not to be named, said that any order dismissing the case by a bench handpicked by the 6th respondent in the case would be illegal according to basic legal principles.

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Latest comments

  • 0
    0

    Is Sara bigger than Praba?.

    • 0
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      What do you have to say about the rigged bench?

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        Send copies of these proceeding to Commonwealth of Clowns head _ Kamlesh Sharama!
        And CC them to the other Indian clown – Manmohan Singh who is still dithering in a most un-statesmanly fashion about attending CHOGM show!

    • 0
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      Sara is probably braver than Prabha.

    • 0
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      Better question – Is Mara bigger than Praba?

    • 0
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      Sara is bigger than KAS

    • 0
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      Haven’t you heard “The pen is mightier than the sword”?

    • 0
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      He has brain you idiot

      • 0
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        Not brains you idiot. He has something called INTEGRITY which no Sinhalese Buddhist ever has, ever has had, or ever will have and possibly will never ever understand as well.

      • 0
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        Hey Dalu Silva

        Can you tell us any good thing this spin doctor Paki has to this country than proving the lip-service. [Edited out]

    • 0
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      So, you are very proud of a banana republic? What does that make of you?

    • 0
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      shows your respect for both Praba and Sara

    • 0
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      This [Edited out] individual Paikiasothy S. should now be charged with contempt of court.

      Is he expecting the right to appoint the bench, and not the country’s CJ?

      all the wine and other perks the US dollars brings him has made his head swollen out of proportion.

      He needs to be taught a legal lesson.

    • 0
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      bigger than your president mentally you idiot.

  • 0
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    I take my hat off to Dr Sara for his steadfast stand against the de facto CJ.

  • 0
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    For sure he is bigger than you.

  • 0
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    My sympathies with Paki.The Tamil tiger terror courts would have done the trick.But unfortunately with the untimely death of Prabakaran,the phony tiger courts had been wiped out.Thats life Paki!

    • 0
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      Sheer ignorance and utter stupidity, and incidentally that doesn’t stop with you. The same Mohan Peiris declared in an international forum that he knows the whereabouts of Prageeth Eknelygoda but when he was summoned by your own Sri Lankan Court to reveal the journalist’s whereabouts, he started throwing his hands in despair, utterly making a fool of himself. This is what your dummy Chief Justice is made up of. So, this sheer ignorance and stupidity and even safely can call him a liar, ranges from ostriches like you to the person who heads your judiciary. Laughable, isn’t it?

    • 0
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      Had Pirabhakaran been around I am prepared to bet my life that Pakiasothy would have taken him on for his authoritarian and murderous fascism because Pakiasothy is a man of INTEGRITY who is faithful to the principles that he stands for unlike Sinhala Buddhists who throw democracy and the rule of law in the dustbin the moment some murderous authoritarian thug comes along and waves the Sinhala Buddhist flag. There is not one single Sinhala Buddhist who has the INTEGRITY that this man Pakiasothy has and let me tell you to your stupid face that whether this island is to have a future or not will be decided by the likes of him.

      • 0
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        Crazy,i guess you are trying to draw the attention of Paki.I can guess why.Hoping that Paki will spare you a few $$$,eh?Good luck!

        • 0
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          crazyoldmansl, instead of talking about what a good person Pakiasothy is, just simply punch holes into the twisted head of Max Silva, that would at least cleanse up the dirt that is blocking his reasoning.

          • 0
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            Jansee,punching holes,eh?when?By the way we punched holes on the stupid heads of all the Tamil terrorists at Nandikadal.Hope that you are not asking for the same?Anyway lets hope that at least Paki will make your fancy dream realize.Keep on day&night dreaming.WE want you hear,so that we would not miss the fun.Poor defeated Tamil terrorists.Ealam was so near and so far.I can imagine what you are going through.I don’t mind you taking your frustration on me.Weep on my shoulders.I am always there for the defeated Tamil terrorists.

            • 0
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              We know that the regime “punched holes” but it was not just the terrorists but also civilians. I wish the regime is man enough to admit it the way you admit here. And everyone else knows, it is not just me or any other person as you say, from your own words, that anyone is at risk, proving that the country is full of butchers and murderers. So, isn’t it time you hang out the Buddha and his scriptures to dry and roast.

              I have already written that Paki is not our concern. You are. If you have not read that, that is your stupidity. Certainly we are not frustrated but we are relishing the moment and the way we are squeezing the regime’s balls. After all, you jokers tried so hard to stop the NPC elections and even had the gall to campaign by threatening and intimidating – you know the end result don’t you? Then you people tried to amend the 13A before the election and the JHU resigned in “frustration” from the PSC because the regime could not achieve that, too. Do the above show who are the frustrated ones. I don’t want to tell that explicitly – then it may frustrate you even further.

              Yes, we have cried and our tears have dried up but show me one instance that we ran to prostrate at the feet of the regime. The anger and frustration that the other provinces are under the control of the regime but the NPC is not is clearly visible. The sum of it all is, you can devastate our land and our people but we will continue to be the pain in your regime’s arse. The way the result of the NPC went should be enough to prove that.

  • 0
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    Sara prefers a bench from TGTE, the pie in the sky.

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    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
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    KAS:

    Sara is definitely bigger, educated, forthright, humanist who believes in justice and peace for all citizens of this country. He has been acclaimed and internationally accepted figure who is fighting for justice for the Chief Justice who was removed unjustifiably, so KAP just shut up and get lost, you condone the mafia action and surviving as a vermin who live on crumbs falling off the tables of the mafia clan.

    • 0
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      Aiyo Sumana, don’t get too upset.

      Never thought your champion of peace and justice want peace and free love for all.

      Perhaps he was in Geneva to tell the White fellas and their Diaspora buddies to lay off and let us live in peace.

      • 0
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        Sumane

        What peace this Spin Doctor wants? He wants a piece of this country. Keep Serving more with your big lips Paki.

    • 0
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      Paki has a very big purse with lots of $$$$$.

  • 0
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    Sara, by now we all know there is no law and order in our country. Looking at the bench of judges there will never be any justice. Some are personal friends of MR and some sacrificed the prestige of the post of the Attorney General( AG’s next promotion is the CJ) and moved to the SC to satisfy the friend MR and for her personal gains. One was promoted to the SC because she is a favourite of MR. I only pray Marssoof J who is a God fearing man will be honest and stand by the rule of law. The Governments will not be there for ever, they change. This is the last opportunity for you to be brave and give a fair decision. People are watching over your decisions.

    Thamara

  • 0
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    I think this is the correct way of hearing cases according to Madamulana Law and A(h)inda Chinthanaya. (Mage Naduwa Mama Ahagaththata Munta thiyena Rudawa moko Nadda?)

    Actually our kind of transparent Judiciary system can’t see anywhere else in the world except Swaziland, Uganda, Belarus, China, Russia etc.

    One of our relative who is working in Raja Madura says that every day lot of people come and inquire about any kind of work in the Kitchen, Toilet or Laundry in Araliyagaha Walawwa and Carlton Walawwa even without Salary. When I ask why, he said they knows very well that one day there is a chance for them to become a Applet Court or a Supreme Court Judge as now a days all Judges are directly from the Toilet cleaning section of Araliya Gaha abode. Also they are aware that better cleaner and Shameless person can be a Cheap Justice even.

    Where are our Horana Dalu Banda, Sadaa Soththy, Elu Kolla and our other friends? Gone missing, hiding? No, No you people don’t have to feel shame. Naturally you can’t have what Lokka doesn’t have at all.

  • 0
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    Counsel for the Petitioner should receive the backing of all right thinking people of this country.

    As he correctly mentioned no litigant can expect justice from the bench personally selected by Mohan Peiris.

    He had no moral or legal right to accept the appointment to the office of the Chief Justice, when both the Court of appeal and the Supreme Court nullified the process adopted to remove the CJ declared the findings against her ab initio void.

    By accepting the appointment itself, MP violated the oath he had taken that he would abide and honour the Constitution.

  • 0
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    Legal profession in this country has gone from bad to worse without upright people with integrity. Viran’s efforts to restore is praiseworthy in an environment where seniors like Mustapha engages in dirty games to secure to protect Mohan Peiris and other Judges who shamelessly backed him.

    Mustapha, in order to protect Shirani T, who abused her office to silence media men in a case against Mohan Peiris, urged the journalist Stanley Samarasinghe (who exposed Shirani T’s misconduct in an affidavit) to deny the content of his affidavit. This is the kind of pathetic lawyers this country is blessed with.

    • 0
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      Mustapha is a big fraud. He is only interested in making money at any cost. Cant trust the man. Always looking for temporary opportunities.

  • 0
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    Without insulting and demeaning the profession, Waliamuna, Wijedasa and Upul J must go home, these people are only talkers and not doers.

  • 0
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    Sara – This was expected. No litigants can expect justice from sri Lankan courts.

  • 0
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    Kudabalage, Weliamuna is a quality man. Upul doesn’t look genuine

  • 0
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    Who is that Namal Rajapaksa (Instructed by).

    Is that the Presidents Son?

    • 0
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      There’s only one Namal Rajapaksa; yes it is Mahinda’s son.

      • 0
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        Namal is a brilliant lawyer who sat for the law exam and got the highest marks with the help of a lecturer who answered the papers for him. Astronomical rise to fame achieved by this synthetic lawyer thanks to the support of the ruling family. I understand he does not charge a fee for his services as he already has amassed a fortune robbing jokers like you.

        • 0
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          He hasn’t robbed me or has the capacity to do such as I live overseas. He is only a big fish in the little puddle that is Sri Lanka. Outside of SL he is nothing.

  • 0
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    Once again it is open to the world how the law and order in the country is manipulated by the Cheap Justice. Is the Cheap Justice scared to allow the full bench to hear the case. This alone has given the victory to the petitioner.

  • 0
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    Sara goiya [Edited out]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
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    Big deal…..

    • 0
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      Helawa

      No mate big Di**.

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