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FINANCIAL CHRONICLE™ » FINANCIAL CHRONICLE™ » Sri Lanka To Have Two CJs! Shirani is Reinstated While Peiris Sitting

Sri Lanka To Have Two CJs! Shirani is Reinstated While Peiris Sitting

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Quibit


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
Sri Lanka To Have Two CJs This Evening! Shirani To Be Reinstated While Peiris Sitting
Highly placed government sources told Asian Mirror that impeached Chief Justice Shirani Bandaranayake is to take oaths as the Chief Justice this evening.

If Mohan Peiris, the sitting Chief Justice, does not leave office before Shirani Bandaranayake’s reinstatement, the country will have two Chief justices – an unprecedented situation in the country’s legal history.

Sources from the President’s office, on Wednesday, told Asian Mirror that the President was exploring the possibility of issuing ‘marching orders’ to the sitting CJ on the grounds that the impeachment process of the ousted CJ was flawed. The President and the Cabinet of ministers have already acknowledged that the impeachment of Shirani Bandaranayake was flawed and therefore ‘illegal”.

Meanwhile, there were rumours floating around on Wednesday morning that the Chief Justice 44 had left his office due to mounting pressure by lawyers and civil society. This was flatly denied by Wijeratne kodippili, de facto spokesperson of CJ Mohan Peiris, a short while ago.

However, according to top legal experts who spoke to Asian Mirror on Wednesday on conditions of anonymity, issuing ‘marching orders’ is not an acceptable and democratic way of ousting a Chief Justice.

On the other hand, it also gives rise to a question on the validity of judgments given by Mohan Peiris, who is the sitting chief Justice.

A senior Cabinet Minister said the sitting CJ’s judgments could be validated by Parliament, through a simple majority, despite his “illegal” and “flawed” appointment. “The legislature always stays above the judiciary and that has been affirmed a few times in the country’s legal system,” he added.

The present Sri Lankan constitution too has provisions (article 119-2) to validate judgments given by Mohan Peiris, notwithstanding his removal.

Be that as it may, the entire process however will set a bad precedence to the country in terms of ousting judges at the discretion of governments that come to power.

http://www.asianmirror.lk/top-news/item/6722-sri-lanka-to-have-two-cjs-this-evening-shirani-to-be-reinstated-while-peiris-sitting

piyalpy


Manager - Equity Analytics
Manager - Equity Analytics
Good governance is now already dead promise. Very sad situation. I never ever thought Ranil allows this kind of unconstitutional actions. If someone has an issue with Mohan Peiris's appointment, it must be get cleared by the Supreme court. No one can interpret matter related to the constitution especially executives and lawyers.

bandulawee


Manager - Equity Analytics
Manager - Equity Analytics
Unfortunately Mohan Peiris is Supreme Court. This is another example of MR causing anarchy in the Judiciary. Appointing his advisor as the CJ was the greatest injustice MR did to the judiciary. Whatever people say of constitutional act it was approval by a 2/3 rd majority which included a set of corrupt and spineless yes men who passed judgement by fear or favour. This same set of people sit in parliament and will never allow to undo their folly.

Spoon

Spoon
Senior Equity Analytic
Senior Equity Analytic
@piyalpy wrote:Good governance is now already dead promise. Very sad situation. I never ever thought Ranil allows this kind of unconstitutional actions. If someone has an issue with Mohan Peiris's appointment, it must be get cleared by the Supreme court. No one can interpret matter related to the constitution especially executives and lawyers.

Don't be ridiculous. Mohan Peiris is a major player in the supreme court. Taking the issue to the supreme court will do absolutely nothing.

This isn't RW's fault, this is the idiocy of the previous regime coming into full effect.

Quibit


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
MR at least used a flawed procedure to remove Shirani Bandaranayake, what has RW has done. He has removed Mohan Pieris without any procedure. Both have done something improper and illegal.

Spoon

Spoon
Senior Equity Analytic
Senior Equity Analytic
@Quibit wrote:MR at least used a flawed procedure to remove Shirani Bandaranayake, what has RW has done. He has removed Mohan Pieris without any procedure. Both have done something improper and illegal.

Are we forgetting that we have multiple sources confirming CJ44's presence at temple trees during the night of the election?

That was a blatant violation of the independence of the judiciary and government.

EquityChamp

EquityChamp
Moderator
Moderator
All of these are a result of short-sighted decision making motivated by personal agenda and arrogance.

piyalpy


Manager - Equity Analytics
Manager - Equity Analytics
MR followed the constitutional process. I am not agree with accusation Dr. Shirani faced, but she was subjected to constitutional process and found guilty by the Parliament committee. For that we have to blame the Constitution it self. But, it is not warranted to do this kind of unconstitutional process.

trbvm


Stock Trader
@Spoon wrote:
@Quibit wrote:MR at least used a flawed procedure to remove Shirani Bandaranayake, what has RW has done. He has removed Mohan Pieris without any procedure. Both have done something improper and illegal.

Are we forgetting that we have multiple sources confirming CJ44's presence at temple trees during the night of the election?

That was a blatant violation of the independence of the judiciary and government.
It doesn't matter in the recent past forum officials were deeply & blindly did a very dirty work to elect MR as their king for the 3rd time by swapping poll results and timely logging from different multiple accounts to say that one is done the process then we can't change until it's return. All people knew very well that statement was the best jokes of the 2015. Then came with the next available account by saying I'm here for 1 year assignment then my aim is to introduce new products. By those new concepts new comers and the past 12000+ members could get more benefits and upcoming members too. It is not a secret for anyone whether for a member or a guest user anymore & what's the actual behind the scene here about daily increasing numbers of the members. Now everyone very well know how you are daily creating those member accounts very simply. Each & every decision you are getting to hide the foolish work from the members means on the other hand you are exposing your nudity vastly for them.

worthiness


Senior Vice President - Equity Analytics
Senior Vice President - Equity Analytics
From top to bottom, wrong doers, if proved, should be chased away with punishment since the cancer of misdealings, frauds & corruption had already spreaded in every nook & corner in the system. Only legal experts could figure out the validity of reinstate of former CJ ( paving the way for retirement on following day) & removing the incumbent one. If injustice happens, Mr. MP has the full right to seek the justification from judiciary. Can he?

Spoon

Spoon
Senior Equity Analytic
Senior Equity Analytic
@trbvm wrote:
@Spoon wrote:
@Quibit wrote:MR at least used a flawed procedure to remove Shirani Bandaranayake, what has RW has done. He has removed Mohan Pieris without any procedure. Both have done something improper and illegal.

Are we forgetting that we have multiple sources confirming CJ44's presence at temple trees during the night of the election?

That was a blatant violation of the independence of the judiciary and government.
It doesn't matter in the recent past forum officials were deeply & blindly did a very dirty work to elect MR as their king for the 3rd time by swapping poll results and timely logging from different multiple accounts to say that one is done the process then we can't change until it's return. All people knew very well that statement was the best jokes of the 2015. Then came with the next available account by saying I'm here for 1 year assignment then my aim is to introduce new products. By those new concepts new comers and the past 12000+ members could get more benefits and upcoming members too. It is not a secret for anyone whether for a member or a guest user anymore & what's the actual behind the scene here about daily increasing numbers of the members. Now everyone very well know how you are daily creating those member accounts very simply. Each & every decision you are getting to hide the foolish work from the members means on the other hand you are exposing your nudity vastly for them.

What...in...the...world...is...this!? o.O

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