A Supreme Court bench headed by de facto Chief Justice Mohan Pieris has sent to the Speaker of Parliament, a controversial determination on the “”21st Amendment”, a Bill presented by a member of the rightwing political party Jathika Hela Urumaya (JHU). The JHU is part of the ruling UPFA coalition. There have only been 18 amendments so far, so it should have been called “19th Amendment Bill”.
The determination is made, after the Centre for Policy Alternatives (CPA) challenged the Bill as being completely invalid under the Constitution because it had not been referred to all the Provincial Councils as specifically required by the Constitution. The Supreme Court has previously upheld that this is a mandatory requirement, after the Provincial Councils were established by Constitution.
The de facto CJ’s ruling which goes against earlier determinations of the Supreme Court after the Provincial Council system was brought about, seems to be agreed with by the other two judges who sat with him (Sathyaa Hettige and Chandra Ekanayake) who have not made any comments or determinations of their own. Hettige is known to have got his judiciary appointment from the AG’s Department using connections to President Mahinda Rajapaksa. The Colombo Telegraph has previously reported how even after his appointment as a judge, Hettige has entertained Rajapaksa to private parties. According to several retired senior judges and legal academics contacted by Colombo Telegraph, this is fully unacceptable by international standards for conduct of judges. Earlier, Hettige’s request for appointment had been rejected many times by the Constitutional Council which functioned under the 17th Amendment. The 18th Amendment pushed through by the Rajapaksa regime repealed all the safeguards of the 17th Amendment for independence of the judiciary.
According to a Constitutional Law expert, all arguments taken up should be fully dealt with in the Supreme Court ruling. If there are ignored arguments, the determination “is highly questionable”, she said.
The Colombo Telegraph publishes below without any comment, the written submissions for the CPA and the Supreme Court’s determination published in the Hansard, so our readers can make their own conclusions in an informed way.
Click here for the written submissions for the CPA
Click here for the Supreme Court’s determination published in the Hansard
Kapila / July 29, 2013
Rajapssa is playing the drums, and Ranil and Maitree doing the tango in Rome as Lanka judiciary burns..
gamini / July 29, 2013
What people do for position and power. No wonder Class and Creed can not be acquired merely because qualifications are possible. Chip on the shoulder can be seen from the conduct of a person no matter how high a post one holds.
S. Thennakoon / July 30, 2013
What will happen to people cross over, they end up with nothing, and Dayasiri lost everything. He should have served the people who elected him rather than crossing over betraying the voters.
This is what happens to greedy politicians crosses over expecting personal gains.
Dodanduwa / July 30, 2013
Most likely, he was aware of all these plans, regardless of political consequences he seem to have crossed over for material benefits. No more provincial councils to contest. He knew, that was the last chance to get something.
Tasklaw / July 31, 2013
Frogs and Monkeys do not have any policies , greed is the only policy they know . If the bill is passed, no provincial councils to satisfy their greediness.
patriot / July 30, 2013
Idiotic gamini thinks ‘Class and Creed’ can be acquired by being a Colombian or a WOG or a sycophant of Ranil. How stupid he is. Likes of the so-called ‘Class and Creed’ lot do not know that the mass in this country today is knowledgeable far more than those who digs in the damp basements of the UK even after retirement. Hence Rajapakses can move the caravan forward.
Patriot / July 30, 2013
The elite should be elected back in this country in order to re-establish our lost image because of the southern criminals. Third class stinking pigs like you and your bosses must be sent back to shanties or in exile.
gamini / July 30, 2013
Pseudo patriot, one need not be a Colombian to have class and creed. In the Pre-Independence and the immediate Post-Independence era there was class and creed of the ones that governed and the Public Service from top to bottom. Even the humble poor in the villages were people with dignity and self respect. There was no one dieing of starvation. The rot set in after your type from the Shanties took over. It is the Shanty culture that has overtaken this society today, that has enabled the hoodlum to hold important office unfortunately. Hence there is no Law and Order, and no Democracy for the masses.
Pinappu / August 1, 2013
Very right :) Bravoooooooooooo!
Asslickers like the particular ” PATRIOT” are seen to be gawking majority of the country today.
Saman Wijesiri / August 1, 2013
Dire consequences are in store for cronies desecrating the Temple of Justice!
Prem Vaidyaratne / August 1, 2013
Why has Mohan Peiris become a leper?
Pinappu / August 1, 2013
because his cases filed are still being investigated. As many from the common people pointed out, his appointment as Island^s CJ is just a ridicule. As it is for a prostitute – MP ^s position is ” living in bondage” .
He is caught by them. He is just president^s hand picked man – an another laughingstock of this regime – see, IC can criticise us today than in the past – is that not wonders of Rajapakshes ?
Prem Vaidyaratne / August 1, 2013
A smart guy can one day pick an expensive case and appeal against the decsion on the grounds that it is illegal since Mohan Peiris, the renegade and shameless man he is, is illegally installed