18 July, 2019

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Special Bench To Take Up Cases Challenging Substituting Legal CJ With De Facto CJ Mohan Pieris Tomorrow

A “Special Bench” to take up the cases challenging the steps taken by the Rajapaksa regime to oust Chief Justice Dr. Shirani Bandaranayake from functioning in her office by adopting the findings of a kangaroo style Parliamentary Select Committee (PSC), disregarding and flouting court rulings of the Supreme Court and Appeal Court, the Colombo Telegraph can reveal today.

The following bench has been set up for tomorrow (16.07.2013) ;

 

Mohan Pieris

COURT ROOM 403                (AT.10.00 AM)

HON. SALEEM MAROOF  (P.C.)  J

HON. CHANDRA EKANAYAKE   J

HON. SATHYA HETTIGE  (P.C.)  J

HON. S. EVA WANASUNDERA  (P.C.)  J

HON. ROHINI MARASINGHE   J

 

SPECIAL BENCH

 

TO BE MENTIONED

1   SC   APPLICATION   (FR)   665/2012

SC   APPLICATION   (FR)   666/2012

SC   APPLICATION   (FR)   667/2012

SC   APPLICATION   (FR)   672/2012 WITH

SC   APPLICATION   (FR)    23/2013

2   SC   APPEAL  67/2013  –       WITH

SC   SPECIAL LA 24/2013  – CA 411/2012

FOR LEAVE TO PROCEED

1    SC   APPLICATION   (FR)    23/2013

Several parties asking to intervene in several of these cases are trying to get the disregarded court rulings reversed, in what is seen by many as an effort to try and give some appearance of legitimacy to the locally and internationally widely condemned act of disregard of judicial rulings, with de facto Chief Justice Mohan Pieris now in charge of the judiciary.

In this situation, lawyers appearing for parties challenging the illegal installation of Pieris as de facto Chief Justice had submitted to the Supreme Court that ALL judges of the Supreme Court must sit together and decide these very important cases, without Pieris or anyone else chosen by Pieris (or President Mahinda Rajapaksa) deciding which judges hear the cases and which judges don’t. They told the court on previous dates that according to the established jurisprudence in many countries, it is the duty of all judges (except Pieris whose status as a judge is itself in question in the proceedings) to rule on such a matter and that if any judge has any personal difficulty or reservation to do so, the only correct/proper way to withdraw from this duty (called in legal jargon as ‘recusal’) would be to come on the bench and declare it publicly so that the parties to the case would know the reason and also be able to make any relevant submissions on that aspect. The lawyers had urged that this is very specially important in these cases, since they involve matters of highest importance to judicial integrity. It was revealed in open court on previous dates that Pieris had been making various directions on the journals of the cases (called as ‘journal entries’).

Now, only the above five judges are listed to be specially sitting for the cases. Out of them, Hettige is a known close associate of the Rajapaksa regime, through whom he got his appointment to judiciary from Attorney General’s Department. His name had earlier been rejected several times by the Constitutional Council before it ceased to function. The Constitutional Council became defunct due to firstly President Chandrika Kumaratunga and thereafter President Mahinda Rajapaksa not making appointments under the 17th Amendment after the term of the original members expired. Later, Rajapaksa rushed through the 18th Amendment which removed the judicial independence safeguard mechanism of the Constitutional Council from the Constitution altogether. It has been reported that President Rajapaksa has been a regular guest at parties organized by Hettige even after being appointed a judge. Marasinghe was recently promoted, overlooking the more senior S. Sriskandaraja, President of the Appeal Court. She was reported in the press during the controversial impeachment of Chief Justice Bandaranayake, as having written and criticized the judges who ruled that the PSC findings were illegally arrived at.

A very senior President’s Counsel contacted by Colombo Telegraph, said that unless all the judges of the Supreme Court do their duty by sitting for the case and deciding on this very important matter giving reasons in the open court if they cannot for any reason (however uncomfortable or dangerous it may be for them), they would be failing to defend independence of the judiciary and its credibility. Even he asked not to be named.

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Latest comments

  • 0
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    You know the judgement in advance by looking at he list of names. The Sri Lanka Judiciary is so politicised now it would have been better if Mr. Mohan Peiris himself sat on the bench. I hope all these people who sit on judgements to save their jobs will be sooner or later judged by the gods they believe in. The only place they can go after death will be HELL with their comrades in hiher places

    • 0
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      When a judiciary of a country becomes utterly corrupt and useless as is the case today with the de fact CJ, of Sri Lanka, there should be a mechanism for citizens to go to the international justice system for redress.

      Working out such a mechanism to investigate judicial processes- especially in cases of war and in war post-war contexts – would be important for the United Nations to do.

      • 0
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        any possibility of a few citizens file a case with the ICC? bring em all to Hague….

        • 0
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          I hope some one will di that in due course

  • 0
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    Judges no 3,4,5 are the most Independent, Fearless, Judges in the supreme court at the movement. If they are not Independent our “Dharmadveepa Chakrawarthi thuma” shouldn’t have selected them to superior court at all. Now every body knows the final decision of the supreme court. Appointment of cheap Justice is legal and it is in accordance with the Constitution. Removal of 43 Chief Justice Dr. Shirani Bandaranayaka is also legal and in accordance with the constitution. Decision given by applet court quashing the PSC (Jokers committee) findings will be null and void and “Sambudda Saasana Chakrawarthi’s decision to disregard the applet and Supreme court decisions are correct and also in accordance with the constitution. Finally all Judges in superior courts will become “ape minissu” Now it is time to change “Horage Ammagen Pena Ahanawa” to “Rajapaksha Maha Horagen pena ahanawa” Rata berala deepu deshapremi kattiyane nadda?

    • 0
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      what you say is true but I believe it is only judges 1 and 2 could be independent, but who knows they also need to survive no 3 is the friend of Maharaja

      • 0
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        Whatever said and done it is Hitlerpaksha who will finally deliver the judgement???

    • 0
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      @Lapatiya, you are mad.. the numbers 3 and 5 are the worst on this list. All are bad anyway. This judiciary is finished. All my batch mates who passed out only a few years ago know this.

  • 0
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    Mohan Peiris is an Internetional Lier like Rajapaksha Brothers. One time mohan Peiris dragged the God also in to Court Room. So do not expect any Professional ethics from this guy.

  • 0
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    This is more a challenge to Mohan Pieris than the President. If Mohan Pieris truly believes that his appointment is not a violation of the law then he should have the guts as a learned person to allow the entire bench to sit not just selected Rajapakse fans. This act of selecting a few judges by the Cheap Justice itself would prove to the world that the rule of law does not exist in Sri Lanka.

    • 0
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      Peiris is NOT a learned person. He is a shyster. Pure and simple

  • 0
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    Park: You refer to this person as a “learned person”. Do you think these people are “learned people”? What is the use of their “academic” achievements, if they do not have the “courage and moral character” to shy away from activities that are not in keeping with such achievements?

    As I said in my earlier comments, if a person does not have any “shame or fear” of behaving and acting in doing wrong, I consider him or her to be the “biggest enemy” of the society. Whatever his or her “academic achievements” are, the society must be guided to “drop him or her as a hot brick” for the common good.

    Also when such persons called “learned people” act in this “shameless” manner, that is a “crystal sign” of the degeneration of the society and the country.

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