Chief Justice And Three Other Former Chief Justices Charged For Judicial Corruption

March 30, 2016

In a Writ Application filed in the Supreme Court yesterday by the rights activist Nagananda Kodituwakkuunder the Corruption law, the Chief Justice Sripavan, former Chief Justices Shirani Bandaranayake, de facto Chief Justice Mohan Pieris and Sarath N. Silva have been charged for abuse of office of the Chief Justice to confer benefits or favour themselves or the Executive President which is an offence under Section 70 of the Bribery Act.

Chief Justice K. Sripavan

In this case, appearing in person, Public Interest Litigation Activist and Lawyer Nagananda Kodituwakku, challenges the failure of the Corruption Commission to initiate a credible and independent inquiry against the Chief Justice Sripavan and other Respondents reported to the Corruption Commission by him on 15th Feb 2016 for abusing the office of Chief Justice for committing an offence of Corruption.

Former President and now a Member of Parliament, Mahinda Rajapaksa who had been alleged to have benefited from the favours granted by the Chief Justice Shirani Bandaranayake, Sarath Silva and Mohan Pieris also has been cited as a Respondent in this case.

The Chief Justice Sripavan is charged for judicial corruption for intentionally ignoring and violating the Constitution to confer a favour to President Maitripala Sirisena, who had disregarded the National List duly published in the gazette under the law (Article 99A) by the Election Commissioner and instead appointed people loyal to him to the Parliament through the National List. It is alleged that this conduct by the Chief Justice is improper and amounts to commission of offence of Corruption under Section 70 of the Bribery act, which requires the Corruption Commission to conduct an independent inquiry under the law relating to Bribery and Corruption (Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994).

The National List case filed by the Activist Nagananda after the flawed National List appointments were made, is now idling before the Supreme Court for a considerable period with no action taken to hear the case. Therefore, in the corruption case filed in the Supreme Court today, the Chief Justice is also accused for abusing the office of Chief Justice for violation of the Constitution (article 104), that requires the Supreme Court to hear and determine the National list case within two months after filing before the Court.

The activist states that invoking the provisions of Article 132 of the Constitution, he had requested the Chief Justice to appoint the full bench of the Supreme Court to hear the National List case, considering the national importance attached to the matter, Yet, denying the said request CJ Sripavan had ruled that in his opinion abuse of the National List to appoint candidates rejected by the people at the general election held in August lasts year, is not a matter of National Importance.

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