A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
(Full Story)
Search This Blog
Back to 500BC.
==========================
Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Thursday, October 31, 2013
Sara Refuse To Participate In De Facto CJ Appointment FR Case Because Bench Fixed By Respondent Mohan Pieris
October 31, 2013
The Centre for Policy Alternatives and Dr. Paikiasothy Saravanamuttu, who had petitioned the Supreme Court by a fundamental rights case FR No. 23/2013 directly challenging Mohan Pieris‘
de facto appointment and operating as Chief Justice, refused to
participate in the case when it was taken up today (30.10.2013) in the
afternoon.
This
was in protest at Pieris (6th respondent in the case) appointing a
special bench of 5 judges, without all judges being required to hear the
case. The counsel who appeared for CPA had withdrawn from appearing any
more in the case, after the 5 selected judges (S. Marsoof, Chandra
Ekanayake, Sathya Hettige, Shanthi Eva Wanasundera and Rohini
Marasinghe) backed away from taking a stand that only if all judges are
allowed to try the case without Pieris making any selection of judges.
When the case was taken up, counsel Viran Corea appearing with Luwie
Ganeshathasan instructed by Namal Rajapakse informed to the court that
they are appearing today only to inform court that the CPA and Dr.
Saravanamuttu will not be party to such proceedings, where bench fixing
is done against natural justice. Court was informed of this position in
the motion filed by the petitioners on 18.09.2013.
Colombo Telegraph is able to reveal today that the motion informed court
of the following facts and the reasons for the petitioners losing faith
in the controversial process:
WHEREAS a five-member bench of Your Lordships’ Court that was
constituted by the 6th Respondent was disinclined to have steps taken to
secure determination of this application by a full bench;
AND WHEREAS Learned Counsel for the Petitioners withdrew from making
submissions in respect of the subject matter of this application after
seeking leave of Your Lordships’ Court for same, on the basis that it is
inconsistent with the Principles of Natural Justice and improper for
the 6th Respondent in this case who has a personal interest in this case
to nominate certain Hon Members of Your Lordships’ Court to hear this
case leaving out others, which fact was intimated to Your Lordships’
Court in Open Court on the last date;
AND WHEREAS consequently, in the totality of the aforesaid
circumstances, the Petitioners are placed in a position where they do
not wish to participate in the further disposal of this matter, which
pertains inter alia to vital issues affecting integrity of judicial
process;
I respectfully MOVE to inform Your Lordships’ Court that the Petitioners
do not with great respect, wish to participate in the further disposal
of this application in the given premises.
A copy of this Motion has been sent by registered post to the Attorney
General and the Attorney-at-Law appearing on behalf of the 3rd and 5th
Respondents and the registered post article receipts are attached hereto
in proof of same.
On this 18th day of September 2013
Attorney at Law for the Petitioners
In this situation with the petitioners and their counsels refusing to
participate, Attorney General Palitha Fernando and a team of lawyers
from AG’s Department asked the judges to dismiss the case. He urged that
the Supreme Court doesn’t have the power to try the case and to dismiss
it without looking into the merits of the case.
The judges said they will make their order later without a date being given (called as ‘order reserved’).
Senior lawyers and law academics contacted by Colombo Telegraph who
asked not to be named, said that any order dismissing the case by a
bench handpicked by the 6th respondent in the case would be illegal
according to basic legal principles.