SC FR 23/2013, the case filed by the Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikyasothy Saravanamuttu challenging the de facto appointment of Mohan Pieris to function as Chief Justice in place of Chief Justice Dr. Shirani Bandaranayake in which Pieris is named as 6th respondent, came up before a special bench nominated by Pieris himself.
The bench consisted of Justices Saleem Marsoof (PC), Chandra Ekanayake, Sathya Hettige (PC), Eva S. Wanasundara (PC) and Rohini Marasinghe.
Sumanthiran
When the case was called, senior counsel for the petitioner M. A. Sumanthiran told the court that he moves that all judges of the Supreme Court must hear it without Pieris making a choice. He urged that this is the only way in which the matter could be taken up without compromising the honour and credibility of the court.
The bench was informed that there are legal precedents which clearly uphold that it is all judges must hear such a case as a matter of duty and cannot withdraw except after coming on the bench and publicly giving reasons for withdrawing from the duty so parties could know and make any relevant submissions on the matter.
He further said that he could demonstrate by submissions that the only correct thing for the 5 judges to do according to established international legal precedents would be to withdraw from hearing the case (called in legal jargon as “recusal”) if Pieris as a party chooses them, leaving other judges out.
Sumanthiran also said that unless the case is heard by all the judges without Pieris choosing a special bench, he himself would be compelled to consider withdrawing from appearing as counsel in the case any further.
Deputy Solicitor General Shavindra Fernando said that under the Constitution it is the ‘Chief Justice” who must choose which judges should hear the case. He did comment on how the integrity of the court would be affected unless Pieris does not ‘choose’. He also said over and over again that the impeachment issue was one that affects the public interest.
Therefore also in the public interest (and for knowledge of our readers), Colombo Telegraph notes that if the public interest is what the AG is trying to protect, then the judges could have been reminded by the AG’s Department of serious financial corruption charges against Pieris while he was AG itself. Documentary proof of this corruption is with the AG’s Department. The Colombo Telegraph exposed Pieris’ corruption with documentary proof that has not been denied. (See our expose: https://www.colombotelegraph.com/index.php/aspirant-cj-mohan-pieris-exposed-professional-misconduct-as-attorney-general/). DSG Fernando was insisting strongly that the same Pieris should be left to handpick judges to hear a case in which Pieris has a very personal interest.
The 5 judges postponed the case and said they would allow Sumanthiran to make his submissions on the matter on the next date, which was fixed for 25.07.2013.
A retired senior Supreme Court judge commenting on the case on the condition of anonymity, said “It remains to be seen how much courage these 5 judges have to protect the honour of the Supreme Court and the judiciary despite carrots and sticks shown to them by the Rajapaksa regime. I am hopeful but not too hopeful. It takes a lot of spine.”
Lapatiya / July 17, 2013
“Sambudda Saasana Chakrawarthi” is appointing “Ape Minissu” as Judges to the superior courts and “Pacha Peiris” is selecting spineless Judges to hear his own case. It seems that we are very close to Ascharya. Where is our so called Opposition leaders? what the hell they are doing? Why cannot they intervene in this kind of situation for public interest? Are they also under Chakrawarthi’s Payroll? Even Judges are also helpless when there is no strong opposition. Hon.Sumandiran is the only person with a strong backbone. even the 2 PSC members from JVP and TNA are trying there best against this injustice while main opposition keeping quiet. This is just like ” Hora gana Maha Horagen pena ahanawa wage” Everybody knows the final verdict. Finally Hon Dr. Shirani Badaranayaka will be guilty of all charges and loosing everything she has including her life, but everybody will remember her as Iron Lady who stood against corrupted regime. Public will also remember Main Opposition including RW as “Horikadayas” who allow “Saddarmadveepa Chakrawarthi” to put Judiciary System under his “Satakaya” Finally Public also Guilty as we choose to be silent knowing very well that this corrupted man is ruining the whole system.
/
Ajith Kumara / July 17, 2013
Stupid Lapatiya
CJ Mohan was appointed by the president and it is his legitimate right given by the people. Removing a CJ is rest with the parliament and both the act are 100% constituent. What is wrong with the president being Sambuddha Sasana Charawarti? It is his personal right too. But he appointed Mohan as CJ who is not a Buddhist proving his unbasedness. You are the idiots hired by the same group who hired Pakyasothi, other NGOs, JVP, TNA and Mangala to undermine Buddhism in SL. What those who hired you do not know is your stupid depthness, which is close to maximum and proved in more than 20 consecutive elections in last 3 decades. The nick name Horage Amma is more suitable to Dr. Shirani as she used the same judges you mentioned as stupid and spineless to here her own case in High courts and Appeal courts under Shiratiyoraree route (Which is equelent to one hearing his own case). She’ll never be an iron lady in the history of SL as she brought nothing but pain to the common people who oppose any devolution of power that harms the integrity of the country and as she betrayed the honor of the SC for little garbage money of like former bloody peace lovers Kothalawela. Do you want the judges to be biased towards the opposition and foreign anti-Buddhist forces? No they should work with the people elected government and the president to uphold the democracy in a country.
The opposition leader is not a stupid one like you, TNA and the JVP leaders. That is why he withdrew himself from two presidential elections.
/
Lapatiya / July 17, 2013
Inteligent Ajith Kumara,
“CJ Mohan was appointed by the President and it is his legitimate right given by the people”
Yes, that is true, because we are the people who cancelled 17th amendment and forced our representatives in the Parliament to Introduce 18th amendment to give such legitimate right. Believe me our Chakrawarthi thuma did not spent even a single Rupee to get 2/3 Majority for that. Because of that legitimate right Chakrawarthi thuma appointed Corrupted person like Mohan Peiris (As exposed by CT and other Media with Documentary evidence)as CJ.
“What is wrong with the President being Sambudda Sasana Chakrawarthi”
Nothing wrong as long as he is protecting “Sambudda Saasanaya” with the help of Saffron robed thugs like Gaanu 5 Naanasara Bebadu Balu Senawa, Rawana Balukaya, Kola Rawaya Baluka etc. etc.
“But he appointed Mohan as CJ who is not a Buddhist……..”
That is not true, because Hon. Arundika Fernando, Hon. Duminda Silva, Dr. Mervin Silva does not posses basic qualification to be a CJ.
“You are the Idiots hired by the same group who hired ……… undermine Buddhism in SL”
True and thanks for educating me and just let me know whether I should join Gaanu 5 Naanasara bebadu Balu Senawa or Rawana Balukaya or Singhala Rawaya to protect the Buddhism in Sri Lanka.
rest is B/S
/
Ajith Kumara / July 18, 2013
Lapatiya
You are a real lapatiya (not grown up). Drink your milk and go to bed upstairs.
What is your point? You can not use allegations as proofs. If Mohan was corrupted why did you wait till he become CJ to make all those stupid allegations? Now it is too late. Neither he can be challenged nor can he ethically challenge others in courts under him as long as he is the CJ. But what you point is a constitutional issue and he has to proceed with his team of professionals.
Buddhism was protected for 25 centuries without all those you mentioned.
There are lot of others to be CJ in SL and you’ll see it in next year.
BBS, Ravana and all Buddhist groups are better than you group of stupid crooks who act against and betray the mother country you were born and brought-up.
/
Lapatiya / July 18, 2013
Ajith Kumara
Allegations against Mohan Peiris were never examined using executive powers. It does not mean allegations are not true. On the other hand, if the allegations are wrong Mohan Peiris could have sued CT and Other Media for defamation. Mohan Peiris is an International Liar who lied at Geneva Human right session about Prageeth Eknaligoda and later denied saying only God knows about Prageeth. Everybody knows how Child Rapist, Duminda Silva and Killer Chandana Kasthriarachchi got acquitted while Mohan Peiris was Attorney General. Abdul Kadar’s Original file went missing also during that period. Person who raped his own Daughters were above to get Presidential pardon based on the same guys recommendation but failed due to media intervention.
True, Buddhism was protected 25 centuries without a help of Sambudda Saasana Chakrawarthies, and so-called Babadu Balu Senawal.
yes, there are so many others are in the list to become CJ’s and Attorney General Palitha Fernando is leading in the front now. even Mr. Sathya Hettige also has more qualifications to become a CJ.
I am proud about my stupidity than a follower of So-called protectors of Buddhism of Gaanu 5 Nanasara Balukaya and other criminal Saffron robed thugs organizations.
/
Ajith Kumara / July 18, 2013
Lapati Modaya
You have run out of points. You better disappear from CT and come back with whole new another bogus name after getting your brain fully washed up and serviced to bear the next beating which will be much harsher than this.
Having just not suing your alligators doesn’t prove the allegations either. You cannot ask others to prove your false allegations that you yourself cannot prove.
Geneva is full of liars including those who show Darusman’s and Petrit’s bogus reports as UN reports and Callum Mc’s film fabrications as true to sue a country that rescued millions of innocent people from terrorism and including the countries who sponsor same terrorism in other countries and bringing resolutions also against them because they denied being moppets to them.
/
Park / July 17, 2013
Ajith Kumara, in short I would like to mention that there are those who make strategic moves and there are those who threaten and kill. The move by Sumanthiran is a very strategic move. In the same way Sampanthan and Sumanthiran appointing Justice Wigneswaran as CM for the North is another strategic move. We Sinhalese have to learn from these people. We should learn a thing or two from these people.
/
Ajith Kumara / July 18, 2013
Yes, Thanks
A strategic move towards Elam
/
mahela / July 23, 2013
Ajith Kumara,
CJ Mohan Peiris was installed by the world famous Tsunami Hora Alibaba.
This is the guy who told “Only God Knows” when asked about Prageeth Ekneligoda when earlier said that he is in Abroad enjoying his life.
Also this CJ goes to Araliya Gaha almost every day in the morning to see “Sambudda Saasana Chakrawarthi” Amu hora to pay tribute and get advise before coming to work.
See the following web which say about this “Sambudda Saasana Baila Chakrawarthi” does in the country.
http://dbsjeyaraj.com/dbsj/archives/11941
http://www.bloomberg.com/news/2013-02-17/don-t-let-the-rajapaksas-ruin-sri-lanka.html
Who is this Hambanthota Kela wedda think he is when even robbed poor peoples Tsunami money and now one of the Richest men in South East Asia’s Robin hood.
Wait and see when the Packer’s Kasippu Casino start operating in Colombo to see this “Sambudda Saasana Chakrawarthi” ‘s true face.
Dr.Shirani Bandaranayake is the only CJ in Sri Lanka’s history who REFUSED THE FIVE DUTY FREE CAR MERMITS when offrered to her who is entitled to them legally. Each permit could make 3 to 5 million Rupees making her rich by 25 million rupees.
Also she is the only CJ in Sri Lanka’s history who never did any foreign Travel at Government’s expense when in office and who even did not use her annual, excess sick, or cassual leave during her stay in office.
She did not accept them because she is a true Patriot who did not want to spend Poor people’s hard earned foreign Exchange,working as slaves in Middle East .
Also she did not want to bow down to “Sambudda Saasana Chakrawarthi Salli Hora” crook who bribe others to do his dirty work.
Check what happened and where the money went for Basil Rakapakse’s wasteful fake 85 Billion Rupee Divineguma project which led to sacking CJ Dr.Shirani Rajapakse.
https://www.colombotelegraph.com/index.php/democracy-mourns-for-judgment-fled-to-brutish-beasts
http://www.thesundayleader.lk/2011/08/21/a-multi-billion-rupee-blunder-a-k-a-the-rajapaksas
This is the reason why she was kicked out from her post. Because she did not want to do dirty work to Hambanthota Kelaweddas.
Check with Court house as to see how many Foreign trips this new CJ Peiris have made for this short time, and how many days he was absent from courts and how many cars and duty free permits he got. Check yourself.
The ever famous “Sambudda Saasana Chakrawarthi Gon Haraka” Tsunami Hora want others to bow to him after bribing them, including the Opposition Leader who is another as… Lick….g dog Ponna sami.
Yes 100% constitution after bribing and stealing opposition parliament members by bribing them to get 2/3 majority.
Now we have to rely on Tamil Parliament Brothers to come to our rescue, because all the Sinhala Parliament “Sambudda Saasana Chakrawarthi” Alibaba crooks including the opposition are nothing but Amu Hora Thakkadi Gas Gembas. The world famous crooks.
That’s why Minister Rajatha Senaratne said to call President as ….. “Mahinda Saranan Gachchami……Sadu sadu sssaaaadduuu”
Take your “Mal Wattiya” to to Araliya Gaha and not to Pansala next time.
Eat the Vegetarian Polkudu to get more brains and say……
Sadu……sadu……ssaaadduuuu.
Get back to me after done your research.
/
mahela / July 23, 2013
Sorry, It’s Dr.Shirani Bandaranayake……our future Honourable Madam Lady President.
Not anymore Hambanthota Gas Gemba….Rajapakses aka….Jarakanapakse
/
JULAMPITIYE AMARAYA / July 17, 2013
Everybody knows that IN Sinhalese proverb,
” horaage ammagen pena ahanawa”.
that is similer to asking from thief’s mother to be a withness.
/
Vichara / July 17, 2013
It applies equally to the previous decision of the SC which quashed the determination of the Committee of the Parliament which found the previous CJ guilty.
/
Burt / July 17, 2013
Justice to be done is not sufficient but should be seen to be done for the public to have confidence in the system. In this particular case when the respondent is the one fixing the bench it suerly is not seen to be done even if the judges are impartial.
Mr.Sumanthiran has explained why this bench is not fit as well as spelled out the solution. Now it is left to the judges to do the honorable thing and step down. That is if we still have men of honor.
True that the Chief Justice should chose the bench according to the constitution but not when the chief justice is in conflict of interest.
/
Balachandran / July 17, 2013
Only Hon. Sumanthiran can challenge like this….
/
Wyatt K / July 17, 2013
M.A. Sumanthiran is a powerful voice for the rule of law and democracy. I hope he prevails on this issue because it will be a win for the rule of law and democracy in Sri Lanka if he does. It will also be a win for the independence of the judiciary which is a basic requirement for any nation that is not a banana republic.
/
lanka win / July 17, 2013
We know how sumanthiran [Edited out]
/
Noble Sri Lankan / July 18, 2013
Sumanthuiran the traitor having all the benifit under the sun which shines over Motherland and having the breath of Sri lankan pure air tries to put the country in to a situation similer to “Arabi Wasanthaya” where the people live under the volatile situation and the so called “lapatiya” who shows his/her childness who can go to an alien country if he does not like Peoples’ President, must understand that this country is being safegarded by Gods until the Buddhism prevails and any effort trying to bring unrest and volatile situations would not happen and would be prevented by the name and sake of Buddhism.
Traitors like Sumanthiran are facing the consequences for acting aginst the will of ordianary people as his practice in law is diminishing and no sooner he will be a lawyer without breifs.
Any body who conspire against the country must know that god will punish them one day by befelling the curse upon him or his close reletives, wife children might include.
We real Sri lankans who were brought up under the religious atmosphere do not have hatred like Sumanthiran and Lapatiya but we just wait and watch with kindness “Maithriya” and “Upekshawa”.
This remembers me what Lord Buddha said to Angulimala when he was chasing Buddha. Angulimala said ” Nawathinu Mudu Mahana” then Lord Buddha said “I have stopped so you also stop”
So to the traitors what we advice is to stop. And if you are not satisfied with the President then defeat him at an election without trying to put the country in troble.
May the triple gem bless Lapatiya Sumandiran and other NGO stooges
/
justice / July 18, 2013
Noble Sri Lankan,
Why so much hate of Sumanthiran who is only doing his duty as a lawyer?
Please counter his arguments instead.
How do you accept a corrupt person & an international liar to be the CJ?
Is this permitted by your “Gods”?
/
Noble Sri Lankan / July 18, 2013
Sumanthiran is a child to me. His arguments relating to De Jure CJ and De facto CJ is baseless. All must know that Shirani B was removed from the post of CJ. that removal is quiet constitutional and legal as the removal of Shirani B was done by the president under the powers vested on him in terms of Article 41A of the 18th Amendment to the constituion. Any body dissatisfied with my argument relating to the legality of the removal of Shirani B can reply. So Sumanthiran’s argument is steeped up with hatred but baseless.
The Present CJ is not a corrupt person to the knowladge of the ordinary people but the person who has posted couple of articles in CT is highly corrupted. there are several government officers who were put in trouble by the person who articulated those postings. Therefore before attacking Supreme Court judges they must look at themselves.
Some thing I have noticed of the persons like Lapatiya who comment on articles are posting them with the hetrad only . Noting of the kind would help any prudent man to analitically think the truth of the articles posted. So please form a logicle argument or at least realistic version of the article.
/
mahela / July 24, 2013
Noble,
I think your name does not match with the contents you have written.
First of all give me your points as to why President Rajapakse impeached CJ Dr. Shirani Bandaranayake.
Please don’t give me bogus info. to say he did it on under the powers vested on him in terms of Article 41A of the 18th Amendment to the constituion.
First of all how he got the 18th amendment passes was by fraudulent means. He bribed the opposition Parliament members to cross over to his party and that’s how he got 2/3 majority to pass 18th amendment.
Listen to Derana 360nminutes program interview with ex.CJ Sarath N.Silva who give a good record of Pres. Mahinda Horapakse.
could you explain What happened to Tsunami Money. Who stole them.
Also read the following webs.
http://dbsjeyaraj.com/dbsj/archives/11941
Remember bribing and giving Perks are illegal and is punishable under Law.
Dr.Shirani Bandaranayake is the only CJ in Sri Lanka’s history who has an Oxferd PHD in Law. SHE REFUSED THE FIVE DUTY FREE CAR PERMITS when offered to her who is entitled to them legally. Each permit could make 3 to 5 million Rupees making her rich by 25 million rupees.
Also she is the only CJ in Sri Lanka’s history who never did any foreign Travels at Government’s expense when offered and who even did not use her annual leave, excess sick leave, or cassual leave during her stay in office.
She did not accept them because she is a true Patriot who did not want to spend Poor people’s hard earned foreign Exchange,working as slaves in Middle East.
Therefore there is no purpose to steal or take bribes or hide her income from anybody.Can you give me your points as to the real reasons for MR to fire her. Read the following webs.
http://www.ask.com/wiki/Shirani_Bandaranayake
The only reason to fire her was MR thief wanted his brother Basil to have access to Divineguma 85 Billion rupees money with all the fake projects. Basil is the world famous Mr.10% Commission Kakka and everybody knows it and Divineguma was a Jackpot to him.
The simple reason is that CJ Dr. SB opposed giving the custody of whole 85 billion to Alibaba, and beause of this his big brother, the other big crook got offended.
Can you explain what Basil Rajapakse did with this colossal amount of money. He imported tons and tons of vegetable seeds from an unherd exporter from Malaysia, which most of the seeds were expired and gave to farmers.
Farmers grew vegetables, and due to distribution of excess seeds, the harvest suddenly jumped up more than the market requirement, and as a result over 7000 tons of vegetables had to be discarded.
http://www.sundaytimes.lk/120422/BusinessTimes/bt02.html
This is what he did with the Divineguma fund. Now the farmers are crying for Fertiliser and chemicals due to shortage.
Here’s the reason why CJ Dr.Shirani Bandaranayake was Fired by Rajapakses.
Read the following webs.
http://www.nst.com.my/opinion/columnist/for-sri-lanka-it-s-all-in-the-family-1.203264#ixzz2IJrSvCPL
lankastandard.com/2011/10/sri-lanka-one-of-the-most-corrupt-nations-in-the-world
http://lankawhistleblower.blogspot.com/2007/05/basils-45-million-dollar-home-in.html
Also she did not want to bow down to “Sambudda Saasana Chakrawarthi Salli Hora” crook who bribe others to do his dirty work.
Check with Court house as to see how many Foreign trips this new CJ Mohan Peiris have made for this short time since he came to courts, and how many days he was absent from courts and how many cars and duty free permits he got. Check yourself.
You are talking of a Baseless argument of Mr.Sumanthiran when we have a Maharaja’s coolie who visit Araliya Gaha every morning to pay homage to big boss, as a CJ in our Supreme court. What is the difference.
Now we have to rely on Tamil Parliament MPs and Lawyers like Mr.Sumanthiran to come to our rescue when needed, because all the Sinhala Parliament “Sambudda Saasana Chakrawarthi” Alibaba crooks including the opposition are nothing but Amu Hora Thakkadi Gas Gembas. The world famous crooks.
The ever famous “Sambudda Saasana Chakrawarthi Kapatiya” Tsunami Hora want others to bow to him after bribing them, including the Opposition Leader who is another as… Lick….g dog Ponna sami.
That’s why Minister Rajitha Senaratne said to call President as ….. “Mahinda Saranan Gachchami……Sadu sadu sssaaaadduuu”
Next time Take your “Mal Wattiya” to to Araliya Gaha and not to Pansala and say Mahinda Saranan Gachchami…..Sadu sadu…ssssaaaaduuuu……and you are sure to get a big santhosam from Maharaja.
Good luck.
/