By Colombo Telegraph –
“The conscience of the nation and the BAR is disturbed & is in anguish-and will never accept the illegal and unconstitutional removal of the Chief Justice. We have no doubt that in the annals of history, Chief Justice Bandaranayaka would be remembered as a judge who did not succumb to pressure and who held the scale of justice without fear or favour. We salute her for her courage, leadership and steadfastness in facing one of the most unreasonable and irrational inquiries ever faced by a person holding such an exalted office of the Head of Judiciary in a democratic country. The Lawyers Collective categorically reiterates that Hon. Dr. Shirani Bandaranayaka remains the Chief Justice, notwithstanding being unconstitutionally removed.” says the Lawyers Collective.
Issuing a statement it says; “H.E President Mahinda Rajapaksa‘s purported letter of removal has been received by the Chief Justice. The Lawyers Collective states that this removal affects the very foundation of independence of the Judiciary, the Rule of Law and all basic norms of a working democracy. The politically motivated process of removal of the Chief Justice was nothing but a misuse and abuse of Constitutional provisions and Standing Orders.”
“The Executive and Legislature deliberately ignored the constitutional interpretation by the Supreme Court and the decision of the Court of Appeal quashing the decision of the impeachment report by the Government Members of the Select Committee of Parliament. With this impeachment, the Government of Sri Lanka has demonstrated that it will not respect the Constitution and the Judiciary. The manner in which the impeachment process was conducted, in and outside parliament, by the government, the state media and the government-sponsored goons leaves the country with unforgettable memories of a horror period in our history.” the Lawyers Collective further says.
whou chin / January 13, 2013
Mahinda Rajapakse, Wimal weerawansa and their puppet MPs have humilated the judiciary and the people of this country.They are acting as if they have an indefinite mandate from the people. They are winning only because we have a man called Ranil Wickramasinghe as the leader of the UNP.Ranil being a man wanting in manly ways gave in to the LTTE and lost the sinhala vote. Now that the war is over people will never vote for him simply because Ranil does not deserve the vote of self respecting people.His sophisticated sounding arguments are only good for school boys in shorts.He is the man who appointed a three wheel driver as the mayor of colombo.He is the man who gave Sarath fonseka a army man nominations.all intelligent people have left the UNP because of Ranil.
The reality is there is no alternative.So the bloody criminal Rajapakses will always mange to win. Those in the western countries should realize the issue in not Rajapakses but Ranil.If there is another challenger people will surely withdraw their mandate from this crooked undemocratic family.The Chief Justice whatever her faults has made all of us realize that there is still a place in this country for dignity and courage. Madam you are the Chief Justice of this country. If some low character wants to bow before mahinda rajapakse and take a oath as a illegal chief justice we will say to him ” may you be cursed”
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Sam / January 13, 2013
Mahinda Rajapakshe proved not into the lankens but also to all International communities, that he is not interested in judiciary when he wants to continues his way of governance further.
Today Husney Mubbarak is called for retrial – Mahinda^s will end up soon in the same manner.. Times are countered. People would not bear all these longer.
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mike / January 14, 2013
Whatever said and done by the Medamulana Meeharaka (Idi Mahin),Dr.Shirani Bandaranayake remains the lawful Chief Justice and Hon’ble General Sarath Fonseka, M.P. the lawful President of Sri Lanka. Idi Mahin is sitting on General Fonseka’s chair instead of choosing an electric chair which he rightfully deserves!!
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Nirosh / January 14, 2013
whou chin says,
“… They are winning only because we have a man called Ranil Wickramasinghe as the leader of the UNP.Ranil being a man wanting in manly ways gave in to the LTTE and lost the sinhala vote. Now that the war is over people will never vote for him simply because Ranil does not deserve the vote of self respecting people.His sophisticated sounding arguments are only good for school boys in shorts.He is the man who appointed a three wheel driver as the mayor of colombo.He is the man who gave Sarath fonseka a army man nominations.all intelligent people have left the UNP because of Ranil.
The reality is there is no alternative.So the bloody criminal Rajapakses will always mange to win. Those in the western countries should realize the issue in not Rajapakses but Ranil.If there is another challenger people will surely withdraw their mandate from this crooked undemocratic family…”
This stupid man writes 241 words to appreciate the service of Shirani out of which 149 words are used to attack Ranil!!! Can get a very good idea of what type of a freedom fighter he is! With patriots like these who need enemies to destroy this country?
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premalal / January 13, 2013
Her Ladyship CJ Shirani Bandaranayake is saluted by almost all the educated citizens of this country. While all the hypocrites, pseudo heroes and opportunists including Vasu are with the government for their opportunistic needs she faced the mighty government bravely without a moment of hesitation. She is not only the CJ but also the representative of all the brave, honest and right thinking people of Sri Lanka. Today January 13 2013 is the most ominous day for the government that started to dig its own grave.
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Dyno / January 13, 2013
because all proceedings of parliament after the judgement of appeal court is null and void
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Safa / January 13, 2013
Our gratitude to this noble lady hailing from a family in the rural hinterland of Sri Lanka. She has stood in front of a ruthless and vindictive mob and come thorugh with her head held high and her character vindicated and unblemished. A Chief Justice who was denied justice by this venomous regime.
The onus is now on the regime to prove that justice is provided in a unfettered and independent manner. As they accused th CJ of offenses, now they have to prove that they are above board, not by appointing a stooge but by standing aloof and allowing the judiciary to perform their tassk in an independent manner.
By this episode the public is now well informed and vigilant about the corruption and nepotism plaguing the govt. The public will no longer be the idle onlooker as this regime plunders the wealth and resources of this nation. There will be many battles to fight before the nation is rid of the likes of this corrupt regime.
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Lover of Justice / January 13, 2013
Let CJ fight the tyrannical regime till the end. She might lose at the end yet, her name will be remembered by all Sri Lankans as one of the heroical personalities produced by this country.
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Anuradha Pieris / January 13, 2013
Our CJ is a modern day national hero. I do not expect her to be succumbed to MARA trap like Gen Sarath Fonseka to give up the battle against the injustice. When her removal procedure is unconstitutional the President cannot seek a constitutional provision to issue her removal warrant. So she will remain our CJ.
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JUSTICE MUST PREVAIL / January 13, 2013
Words fail me to describe this uneducated thug who hid behind curtain and used SUCKERS who want to remain in of office to fight for him.
EVIL HAS WON THE DAY.
The end has begun FOR THE CORRUPT MEDAMULANA SAMAGAMA WHO HAS ROBBED THE COUNTRY if not any other force NATURE will take over.
History has been created and we are not a democracy any more and the Commonwealth leaders should not come here to boost this vain dictators ego.
The nation salutes the great lady from the NCP for fighting a set of thugs to whom decency and law abiding was unknown.CAN THEY EXPECT THE CITIZENS TO LIVE WITHIN THE LAW.
THE NATION IS NOT BACKING INJUSTICE IF SHE WAS GIVEN A FAIR TRIAL AND IF FOUND GUILTY TO HAVE GOT SACKED
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Muhunthan / January 13, 2013
I salute you, Dr. Shirani Bandaranayake. You are the nations Chief Justice, and will remain the people’s Chief Justice, the people are supreme and not the legislature or executive. So you are the people’s Chief Justice and will remain as the people’s Chief Justice
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Citizen / January 13, 2013
We agree with the contents of Lawyers Collective. We bow to her firm stand for justice. Every citizen will have to realize that truth will eventually triumph. MR and Co. too will join the fate of politicians (like Premadasa) who terrorized the citizens.
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anaperera / January 13, 2013
Our appreciation of lawyers’ collective as well for standing firm thus far. It is really hoped that there are practical measures in place for the physical safety of CJ and the individuals and groups who stand for justice at these testing times.
If they manage to safeguard themselves from physical harm (the regime will no doubt become increasingly violent and desperate as situation will become increasingly out of control contrary to its optimistic view) every step the regime takes from now on will only attract the attention and scrutiny it most fears – the commonwealth and UNHRC – as it doesn’t have any worries about the spineless parliament opposition nor the “bought up” local media.
The next mistakes it will make will be (just like the PSC report without due process) can’t be reversed by even the most pliant judiciary headed by a quisling “new” CJ and while maintaining the physical safety of key persons, let the regime make more irreversible errors.
That will be a new “battlefront” for this regime where its strength is low, already. It is really hoped the entire legal fraternity, as mentioned in some mainstream Sunday newspapers, decides to take the lead from the move by SLG, srinath perera etc; and BASL exec committee to boycott the new CJ and even go beyond and boycott courts so that this will send an unequivocal message to the regime.
In the meantime, it will be hugely rewarding to hear if lawyers collective can clearly state if the UNP party leader can be prosecuted for not upholding the constitution by allowing his party to take part in voting in an unconstitutional resolution, thereby not upholding and not defending the constitution, for which he took oaths several times in his undignified political career.
That’ll be a good start and even presidential immunity doesn’t cover that, and even MR should get the message, when the long long arm of law comes for him (one fine day), there’ll be no one…..
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Mahela / January 13, 2013
Madam CJ Shirani Bandaranayake is the only CJ and will remain CJ as long as the Constitution allows. Nobody including President cannot change constitution.
First President Mahinda Rajapakse should be impeached for robbing Tsunami International Donations.
Let’s do that first.
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justice / January 13, 2013
We,the people need to know the testimony of the sixteen witnesses who gave evidence before the ‘truncated’ PSC of seven members,after the CJ walked out with her lawyers.
We need to be convinced of any wrong doing by the CJ by virtue of which,she has been impeached.
The state should publish them.
The Lawyers’ Collective should demand this on behalf of the people.
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Mahela / January 13, 2013
The whole CJ impeachment scandal started with Economic Development Minister (Mr.10%)Basil Rajapakse proposing the total Rupees 85 Billion Divineguma Fund to get into his possession.
Since Madam CJ Shirani Rajapakse gave a negative verdict…..Basil Rajapakse’s brother of Mahinda Rajapakse, the President of Sri Lanka brought the unjustified and fraudulent charges against CJ to kick her out……and he suceeded upto getting necessary votes in the Parliament.
But yet to see how MARA plans to chase the only female Chief Justice in Sri Lanka’s History, who has the highest qualifications in Judicial History and who served as the Best Chief Justice Ever, and now we are not planning to give up without a fight.
As we the citizens are against unjust, cruel , Barberic MARA force to misuse it’s powers that people gave to serve them…….is now using them against the citizen.
Here are some of corruptions that MARA and his Brothers made using mandate that people gave them.
President Mahinda Rajapakse Tsunami Robbery came to light.
http://www.unbowedandunafraid.com/uusite/440366
http://www.ask.com/web?qsrc=1&o=0&l=dir&q=Mahinda+rajapakse+Tsunami+scandle
How ex.CJ Sarath N.Silva exploited his powers.
https://www.colombotelegraph.com/index.php/corruption-vs-corruption/
How Basil Rajapakse used Previous Divineguma funds.
http://www.ask.com/web?qsrc=1&o=0&l=dir&q=Basil+Rajapakse%27s+corruptions
http://www.trc.gov.lk/events/colombo-lotus-tower-minister-basil-rajapakse-lays-foundation-stone.html
http://www.tourismconcern.org.uk/sri-lanka-land-grabs.html
Internet profile on Gotabaya Rajapakse.
http://www.ask.com/web?qsrc=1&o=0&l=dir&q=gotabaya+Rajapakse%27s+corruptions
Therefore we have to deliver Justice to People who are been killed in Foreign countries trying to help survive their families…..and where 70% of people are malnourished and 40% are unemployed and 40% live in Cadjan houses similar to VEDDA (native) community lives…..below poverty line.
President Mahinda Rajapakse spend 60% of the budget just for his family to stay in power.
He spend this money on giving away Luxury houses, Luxury vehicles, Air tickets with vacations, Land, European and North American employment and studies, sending abroad for bogus seminars and conferences, Building unnecessary structures….like US $ 104.3 million Lotus Towers (where with this money a whole new university could have been built….or 500 houses for poor people) Advertising and cutouts throughout the country….(MR last Birthday paper advertisements alone cost 750 Million Rupees….as per Dayasiri Jayasekera’s parliament speech)Fake seminars, meetingts,conferences and plane loads of foreign travel etc…etc..
Also MARA made our youth to loose over 100,000 jobs and over 600 factories, and loosing EU GSP status due to not abiding simple Human Rights issues.
Therefore as a result of this pure dictatorial rule Country is turned into a total chaos.
It is upto all of us to save CJ and to help her maintain last remaining Justice, Liberty and Freedom in the country…….and bring MARA administration to justice on the above Corruption, Bribery and Stealing Charges.
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Bracegirdle / January 13, 2013
I agree to the most of the facts of the statement except the following phrase: ” Bandaranayake is a judge who did not succumb to pressure and who held the scale of justice without fear or favor”. She approved the 18th Amendment to the Constitution which abolished all the independent commissions. It removed the two-term limit on Honorable President and gave wide powers to the president to appoint key government officials, including the chief justice. The chief justice also approved military tribunals as Courts of Justice. As a result Fonseka, was convicted and jailed by a military tribunal. Among other things she appeared for a photograph with Hon. Namal Rajapkse within the court premises. Such a thing never happened in the whole history of Sri Lanka even during the reign of the British Raj. All these acts resulted in strenthening the hands of the regime. She remained complacent when her husband accepted the post of Chairman of the NSB. That means she had not adhered to the Supreme Court Rules on Ethics for Judges in Sri Lanka or probably she had not read the Rules any time after she passed the final year exam of the Law College. I would take a bet that she has not read the book “Judicial Conduct, Ethics And Responsibilities” written by Hon. Judge Dr.A. R. B. Amerasinghe. However I must state that she is a better C.J. than Sarath Silva who survived a graver Impeachment thanks to his wit.
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Zara / January 14, 2013
If Mahinda can do this to a the Chief Justice of the country, who is a Sinhalese, just imagine what he can do to the innocent Tamils….
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Anam Manam / January 14, 2013
What is the Lawyers Collective?
Is it a breakaway group from the BASL?
Who are the office holders of LC and how many members are in it?
We need information to how significant they are.
They are worse than the governement in hiding information.
Come of Weliamuna, remove your mask.
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Lion / January 14, 2013
In this country we have seen a real(Not card board heroes) hero that is none other than General Sarath Fonseka who stood straight in the face of all the obstacles,intimidation, constant pressure brought by the regime which includes taking away all of his medals,pension rights and also robbing his career in a most disgraceful manner.Family regime using puppet in the army made him wear jumpers thus putting him the the jail.The real hero never bow his head withstand all these pressure thus showing to the world he is man with a back bone.So the Srilanka was able to see a real hero after king Dutugamunu.
Now a heroine has surfaced it is Shirani Badarnayaka the CJ in Srilanka.Being a women she withstood all the pressure from the despotic regime,regime brought thugs to the street jeer at her when she came to the parliament to face the 7 rouges in the parliament.brought 3 wheelers with placards denouncing her in a most disgraceful manner.Thugs were brought with sticks to assault those who oppose the impeachment. Public saw how those attackers attack un armed protesters.Government went further by bringing some so-called depositors to the CJ’s official residence erecting temporary sheds allowing them to use lowed speakers to humiliate her.But all failed as she faced all these with a dignified manner without submitting to relentless pressure by the family regime.So heroine is born in this country.Hope and pray she will continue to do so with the support given by those who cherished to have an independent judiciary in this country.WE salute the courageous lawyers,judges and the citizens who support in her struggle.
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Andiris / January 14, 2013
While i agree with most of the comments made I see one aspect of the King is not mentioned. I refer to him as the King for that is what he wants to be and what he is. It is also what his followers expect and justify of him. Well it has been known thru the rumor mills and indeed thru one very close encounter that I know of that the King likes his women to put it politely. According to the rumor mills it is the other Shiranee who is slated to take over and you guessed it the King has a very special place for her. What is the use of money an power if you cannot indulge in the pleasures of a herem just like a King!
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K.A Sumanasekera / January 14, 2013
Didn’t a fellow Supreme Court judge opnly state that the ex CJ changed the roster to bring some controversial litigation under her wing , despite her having a conflict of interest with the Defendents?.
Did this Lawyers Collective try to explain to the great majority of the Public whether this allegation and several others and potential future litigations involving her spouse weren’t or aren’t in the way if this lady continues to be our Chief J.
Did this Collective offer to persuade the ex CJ to stand aside until a PSC or a President’s Commission can find out whether theses allegations and conflicts of interests are real or not?.
Why are you crying foul now ,when you guys did not offer any alternatives other than, breaking coconuts, offering Bodhi Pujas, and getting your own mates to say that the Constitutiolly constituted Parliament and the Elected Prez of the Nation are nothing.
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K.A Sumanasekera / January 14, 2013
And of course Calling the Bogey Man in the West.
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Sulary / January 14, 2013
The government says that the removal of the CJ is part of a campaign to cleanse the judiciary. None save suckers and nitwits will buy into that claim. She has been removed for political reasons. She fell out with the ruling clan and became a rallying point for a mixed bag of bankrupt oppositional forces that used her as a cat’s paw to pull political chestnuts out of fire. The nuts are still in the fire and she has burnt her fingers; the wily elements will get hold of someone else. She is now in the same predicament as former Army Commander Gen. Sarath Fonseka
“The Island” Editorial
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Buddhi Galappatty / January 14, 2013
Ape Kalaye Weerawariyak.
What a Courage this Gr8 woman has?
Keep it up mam against the Injustice.
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Sonlight / January 14, 2013
We as ordinary citizens wanting to see the response of the remaining supreme court judges and lawyers in coming weeks.You cannot expect the international community to punish the culprits as these are secondary questions for them but a strong local movement is essential to combat this situation.The Democracy is in danger(already deteriorated) under the politically,economically and constitutionally powerful MR regime.It is unfortunate that we are lacking of a real and genuine leadership on the side of the people.All talk for people but take for themselves.
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Mahela / January 14, 2013
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/
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Truth / January 14, 2013
The Lawyers Collective appears to have influenced the Chief Justice to reject the offer of the President to accept her resignation with her pension entitlement intact.
Her dismissal without a judicial court procedure, in violation of the interpretations of the Supreme Court ruling based on the Constitution and the subsequent Appeal Court ruling, is earning the condemnation of the International Community. It implies that the law of the Country is no longer consistent with the Constitution. This will affect the Country Credit Rating; it’s suitability for foreign investments and even tourism. It will also provide ammunition to the demands by the Tamil Diaspora for War Crimes Trials and the creation of a separate state like Kosovo. It also makes Sri Lanka vulnerable to foreign government funded movements similar to the rebel movements in Libya & Syria.
The wise course of action for Ms Shirani Bandaranayaka is to re-negotiate the terms, to enable her to submit her resignation, to prevent Sri Lanka being classified as a Failed State. The president should also meet her halfway to Save the Nation.
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Darlin de Silva / January 14, 2013
Ultimately truth will prevail. That day is not far off. Adolf Hitler and Benito Musolini are classic exsamples. Adolf Hitler committed suicide and Benito Musolini was tortured to death by ordinary people and was hung by his legs on a light post opposite a petrol filling station in the city of Milan. Hail Hitler !
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Villager / January 14, 2013
“Court of Appeal quashing the decision of the impeachment report by the Government Members of the Select Committee of Parliament” is the fasted ‘Writ of Certiorari’ ever issued in the history of the entire world.
The Court of Appeal said to have started hearing CJ’s application at 1.30 pm and finished the hearing at 3.30 pm and delivered the judgement at 4.30 pm on the same day. Need we talk legality of such a judgement?
An appeal for a revision of this record breaking judgement should be made sooner than later.
Leela
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Dr.Rajasingham Narendran / January 14, 2013
CJ Shirani Bandaranayake should stay in office, until she is proven innocent or guilty through due process. If there are faults in our constitution, that have caused much heartache and headache to our speaker, the benefit of doubt should also go to the CJ. Firstly,change the impeachment procedures and make them legal as per the directions of the Appeals Court. Thereafter re-impeach the CJ, if yet vindictive and mean. Amend the constitution thereafter through a system that will work in the national interest and not in the ruling party’s interest.
Until, she is legally removed, the CJ should not leave office. How could the LAW resist the presidential decree that has upheld something clearly illegal? The legal fraternity has to advice the people and lead. Is going back to the superior courts the answer? Can the presidential decree be challenged in the superior courts?
Dr.Rajasingham Narendran
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Lover of Justice / January 14, 2013
Now of course Mohan Peiris has been proposed to head the judiciary of the country.
SB’s stand reminds me of the bold statement made by NM and Colvin to another SB (Sirimavo B) when the latter asked them to resign: the former two leaders are reported to have told Sirimavo ‘We don’t want to give you the pleasure of feeling that we have knelt before you. If you want, sack us’. Accordingly, they along with Leslie were sacked by Sirimavo and even today, these three leftist leaders are considered as heroes by people because they stood very tall against the very powerful PM of the day.
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Lion / January 14, 2013
Tomorow the despot will send his security forces to seal her official residence.Most probably ask his cronies to bring a crowd of goons to hoot at her.Three wheel drivers who are hell bent in saving the judicary might come with placrds attached to the wheelers.In the face of all these “Nadagama” srilankan people are helpless.We have seen how some one is giving a flying kick(A thug brought by the regime) to a man who was protesting peacefuly.All these take place while despot is proclaiming publicly that he is protecting the independence of Judiciary.
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