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Situation Report By Lawyers Collective: CJ Remains The CJ, Mohan P Is Expected To Take Oath Immediately

By Lawyers Collective –

January 14, 2013 – 9.00 p.m – Colombo; 

  1. The letter of removal of the Chief Justice was received by her on 13th January 2013.
  2. The President has summoned judges of the Supreme Court, Court of Appeal and High Court 13th, 14th   and 15th January respectively. There is no Constitutional tradition in Sri Lanka authorizing the President to do so. In the present circumstances, the Judges are compelled  to meet the President ignoring the constitutional tradition.
  3. The Bar Council of the Bar Association of Sri Lanka (BASL) meeting held on 12thJanuary 2013 decided to make a final attempt to halt the impeachment process,  by sending  a BASL Delegation to meet the President. An appointment was given for the BASL delegation but prior to the meeting the President had issued the removal letter. Therefore, several members of the delegation urged the BASL not to meet the President as the mandate has expired. Nevertheless some members of the delegation had met the President at 11 a.m. on 14th January 2013, (also  attended to by several other lawyers/ politicians).  At the meeting the President had been very critical of the protests of lawyers and had also made false allegations that the lawyers’ who had protested had received foreign funds to do. The Presidential media unit  thereafter circulated a video clip prepared by them to all  electronic media institutions, which was telecast today. It contained damaging and adverse material on the unity of lawyers,  suggesting that the Bar has not been part of the protests. It has also failed to state that thousands of  lawyers who participate at the protests are active members of the BASL.
  4. The Lawyers’ Collective held a Press Conference today  and highlighted the following key points.

a)      The entire impeachment process was unconstitutional and the Hon. Shirani Bandaranayaka remains the Chief Justice. Whatever the decision she takes tomorrow (15th January)  the Lawyers’ Collective stands by her.

b)     The initial struggle by Lawyers led by the Lawyers’ Collective was to prevent the impeachment. The next phase would be a broader but long term struggle involving clergy, political parties, trade unions, intellectuals, academics, students and civil society groups.

c)      The Lawyers, Judges and civil society activists who have stood up for the Independence of the Judiciary and against the unconstitutional impeachment may be subjected to victimization in future. The Lawyers’ Collective along with its network would not hesitate in making appropriate interventions,  if such victimizations take place.

d)     The Lawyers salute the Chief Justice for her courage. The Lawyers’ Collective also commends those who took a public stance for justice courageously notwithstanding an unprecedented hate campaigns and threats,  unleashed by the Government.

  1.  Mr. Mohan Peiris’ name has been forwarded to the Parliamentary Council, which is expected to meet tomorrow (15th January) at 10.00 a.m. He is also expected to take oath immediately.
  1. Vicious hate campaign against the lawyers who stood up against the impeachment continues to date.  There is information that in addition to the state media, several groups connected to the government are  engaged in a defamatory campaign against identified lawyers, making their life and professional  practice vulnerable.
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Latest comments

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    Mohan Peiris was described a liar before the UN Committe regarding the enforced disappearance of Prageeth Ekanaligoda. Isn’t this an insult to the Judiciary if he is appointed as CJ. Moreover, he too had conflict of interests. How then CJ Shirani can be impeached, when there was no proven conflict of interest. Shame on Sri Lanka.

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      Why are the judges obeying Rajapassa’s summons on the 13th, 14th, 15th. And why is the BASL running behind the dictator who has shown his violent colours?
      The BASL and judges of the Supreme court should impeach Rajapassa instead. In Pakistan the Supreme COurt has arrested the Prime Minister for corruption.
      The Lawyers and BASL should ignore him Rajapassa henceforth and carry out non-violent civil disobedience campaign paralel to a campaign to educate the people on the constitutional crisis and need to get rid of the Rajapakse dictatorship, and not recognize the corrupt liar Mohan Peries.

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    Probably the finest man to dipit the state of lawlessness in in the wonder MR failed regime of Lanka

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    The two things the lawyers could do now is to ensure Mrs Bandaranayake is well supported if she decides to remain as the CJ and also not appear in front of the new CJ who is a scumbag. Rajapaksa is a corrupt despot and will not give in to requests. The only solution is to remove him from the scene. It will only take one man with courage to do this.

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    This man will ruin this country the worst leader the country has after its independence.I would say he is a village thug who acts without using his brains.The question is weather he has actually got a brain?

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    One of the curious features of the past few days in the President Vs CJ saga is the conspicuous absence of the ubiquitous yellow brigade of established political inclinations. This was one grouping journalist Chandraprema once described as rent-a-monk service available to any providing transport ++ Are they waiting in the wings watching which way the wind blows – to take sides?

    Senguttuvan

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    GL Peiris and Mohan Peiris. So, we will have two Peirises. Based on what we have had from GLP what has MP in store?

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      Two Peirises drawing the Donkey cart taking Sri Lanka to its grave.

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    What is the position of the BASL and its president- Wijedasa Rajapakse, now ? Is it back to business as usual after boycotting the swearing in of the new CJ? Would the new CJ be acceptable to the BASL once sworn in? Has the BASL decided to dump Dr.Shirani Bandaranayake- yet the CJ to many who have a conscience and, understand what is unfolding and its long term implications to this country?

    Dr.Rajasingham Narendran

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    Folks!
    What you reap is what you sow!
    A nation elects a government it deserves!!
    These timeless classics are just popping in
    my mind.
    As a student of Dr. Nalin , I am not surprised his stance of protecting MR to the hilt, as his thinking is so contradictory! always.
    perhaps the Quantum mechanics which is so familiar will allow him to do so as it dictates the continum of mass and energy back and forth.
    So for him what is correct can also be wrong at the same time.!!!
    This is what modern science as we know it.
    Getting back to SL I have listened to him on public TV channels, he is no diferent from Dr. Nalin he never sees black as black and white as white.!!!
    So argument of charactor and their political lineages is a ZERO Sum game.
    Let us focus on what is happening and how recent elections and campaigns and the results were telecast on public TV.
    The Government owned Rupavahini and ITN completely demonized Gen. Fonseka nd indentified him with Idi Amin and Hitler.
    The channels never had a moment of silence on attacking him relentlessly and it came to a point of moulding the public frame of thinking to a point where a perfectly alright sinhal word ‘Kalavedda’ a slip of toungue by Gen Fonseka was highlighted by majority( especially women folks!) as vulgar and decided that Gen. Fonseka is not decent person( such is the power of media demonization) and MR was a clean , humane, baby kissing , old hugging Gentleman.
    The stooges who ran the show like then Chairman ITN , Anura Siriwardhan look where he is today( secretary to Minister of Trade or something).
    Where is Gen. Fonseka, lost his pension, all his lifetime achievemnts( stripped the mamoth honor of leading a WAR against the most ruthless Terrorist organization inth world), served Jail terms and remains licking his wounds at home , sent to the political Boonies ( for now at least).
    So contrasting what we have achieved by appointing MR as executive and the bucnh of thugs like Mervin ( I mean the whole Goverment MP lot altogether) have we got a dignified Governance by decently speaking Gentlemen?.
    Let us be honest what can we expect for CJ from such a bunch of crooks led by a crook who promissed to eliminate Executive presidency but extended it for life instead!.
    Has anybody thought about retired CJ becoming a Presidential advisor( Asoka de Silva) ever?
    Such a country we all live in.
    How about moral conduct of Tie wearing Busddist Ideology preacher Ex CJ Sarath N. Silva?
    So as a nation we are responsible of leaving the continuous erosion of democrac(Z)y starting from JR downwards and letting it slip by.
    Have we raised against any of these as a nation?
    NO so what do we expect from the recent debacle further erosion and keep mum about it.
    So the drama goes on, UNLESS some educated professional who has done something in their lives, proven and delivered to the nation( can we say that to any of the current lot of Politicians?) come to the fore and stand up.
    I can tell you one person who promissed and delivered, Gen. Sarath Fonseka.
    He said I will not let this LTTE menace pass to the next Army Chief and he delivered.
    So Until we learn to appoint leaders who delivered, PROVEN . Professional as a leader we are doomed, we can keep arguing mere morsels like Ranil, how best he could have done etc etc.
    Leaders are born( once in a while) they can’t be created by propping up 80′ cut outs.
    Leaders can ONLY be judged by their past performance and let us honestly ponder how many such leaders have we appointed to the parliament in the past.
    Answer NONE!!!
    So what can we expect?
    What else other than bigger and bigger messes and monumental blunders like this!!!!
    So PEOPLE! Unite. think right, select a leader and flock around him / her and save the nation from thugs, hooligans, International conspiracies of all sorts( not the ones that vagabond Wimal Uruwansa preaches).
    I can give you an example of recent past what we need.
    The struggle of University teachers( I have questions about how it was ended) but such is the struggle ahead of us after identifying a leader I outlined above.
    Let him be the sole Authority of power( we need it to stop all our mothers being exported to middle east, to put a stop to complete destruction of Social Fabric and when Father abusing his own daughter as mother is not around to satisfy him!!!
    ( I write this with shaking hands and tears in my eyes.)
    Let us stop crying for the beheading of the innocent girl and think about how a teenager below 18yrs secure employment in a foreign land when the law is to prohibit it in the land she was born.!!!

    So without crying foul by looking at the outcome let us focus on the root cause and work on it earnestly else forget about all that and think of packing for a foreign land where you will have atleast peace of mind.

    Let us make a new year resolution and let us make some changes NOW!
    aj

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    Lawyers’ collective say; SriyaniB is CJ. All right, I don’t intend to argue, just being inquisitive; tell us, CJ of what and which court she heads? eh

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    It is a pity that some members of the BASL have called on President Rajapaksa to close the stable after the horse had bolted!Any right thinking person would think that the very idea of calling on the President at that late hour,to say the least, is preposterous. So what a cruel joke that they had to listen to a `vedibana’ sermon and become puppets in a media circus wittingly or unwittingly! My God! can there be a harsher punishment than being compelled to listen to this man preaching on the need to safeguard the dignity and honour of the judicial service and the legal profession! THE BASL members must take a decision to suffer a collective penance for believing that the crazy dictator would listen to reason!

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    I PREDICT THAT BASL MEMBERS AND THE REST OF THE GENTRY WILL EVENTUALLY COME BACK TO FLEECE THE PUBLIC WITH THEIR POSTPONEMENTS AND DELAYS TO CASES…THAT S WHAT THEIR KIND HAVE BEEN DOING AND WILL CONTINUE TO DO…

    This includes PCs (Postponement Champions).

  • 0
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    Prabakaran must be laughing in his grave. What he could not do to Sri Lanka Idi Mahin is doing to the country.

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