header logo
SLIC
Rhythms of Lanka
Latest
Removal of Shirani was void from the beginning- Saliya Pieris
Jan 28, 201504:47 PM
Removal of Shirani was void from the beginning- Saliya Pieris
Mobitel Inner

Explaining the Constitutional background of the reappointment of Chief Justice 43rd, Senior Counsel Saliya Pieris told Ada Derana that Dr. Shirani Bandaranayake was impeached by the former Government without a request from the Parliament. 

 

He added “the motion passed in Parliament in Jan 2013 did not contain an address for removal which is a mandatory requirement as per the Constitution. The motion merely reproduced the earlier resolution seeking to appoint a select committee to inquire. 

 

This lapse was never rectified, even though an objection was raised in the House. Never was there an address seeking removal sent to the former President. 

 

So the removal of Dr. Bandaranayake as CJ 43 was void from the beginning as the President cannot remove a Judge without such an address seeking removal. 
Since the removal is void there was no vacancy to fill. Hence the purported appointment of Mohan Peiris is void from the beginning. Today the President having reviewed everything has decided to reverse this illegality and informed Pieris of the same and at the same time he has invited Dr. Bandaranayake to resume duties as CJ. 

 

Accordingly Dr. Bandaranayake resumed duties as Chief Justice in her Chambers. In the eyes of the law Peiris was only de facto CJ and not the CJ in law. This is the position taken by the BASL all along. As for his orders and judgments they continue to be valid in terms of Article 119(2) of the Constitution.”

 

Saliya Peiris, with President’s Counsel Romesh De Silva were appeared on behalf of Chief Justice Shirani Bandaranayake at the Parliamentary Select Committee proceedings and the case filed at the Court of Appeal earlier.

 

 

 

MostRead
Mobitel Upahara
VideoStories
Sri Lanka suspended executions in 1975; Will President Anura Kumara sign an execution order?

Sri Lanka suspended executions in 1975; Will President Anura Kumara sign an execution order?

Lanka Metro Transit to roll out  112 more low-floor buses in September

Lanka Metro Transit to roll out 112 more low-floor buses in September

SLPP General Secretary Sagara Kariyawasam released on bail Court imposes foreign travel ban

SLPP General Secretary Sagara Kariyawasam released on bail Court imposes foreign travel ban

 “This is nothing but a dishonest move” Fresh debate over proposal to extend judges’ retirement age

“This is nothing but a dishonest move” Fresh debate over proposal to extend judges’ retirement age

Cardinal opposes death penalty; Colombo Archdiocese reaffirms support for Easter Sunday victims

Cardinal opposes death penalty; Colombo Archdiocese reaffirms support for Easter Sunday victims

“Is this really the country’s biggest problem?” Sajith questions judges’ retirement age proposal

“Is this really the country’s biggest problem?” Sajith questions judges’ retirement age proposal

Govt. defends 22A draft gazette Opposition says govt. demonstrating a dictatorial approach

Govt. defends 22A draft gazette Opposition says govt. demonstrating a dictatorial approach

“I stayed on until tariff was brought down” Mahinda Samarasinghe rules out return to active politics

“I stayed on until tariff was brought down” Mahinda Samarasinghe rules out return to active politics

Colourful giants take over Colombo Sky! Derana–Signal International Kite Festival held at Galle Face

Colourful giants take over Colombo Sky! Derana–Signal International Kite Festival held at Galle Face

 Security heightened at Kuruwita Prison following deadly inmate clashes

Security heightened at Kuruwita Prison following deadly inmate clashes

 Over 200 vehicles participate in 'Derana-Signal Colombo International Kite Festival' promo parade

Over 200 vehicles participate in 'Derana-Signal Colombo International Kite Festival' promo parade

 'Independent Operations Centre members meet Malwatu chief prelate over proposed judicial amendments

'Independent Operations Centre members meet Malwatu chief prelate over proposed judicial amendments

 Government deceived the public through false pledges – MP Dilith Jayaweera

Government deceived the public through false pledges – MP Dilith Jayaweera

UNP warns proposed extension of judges' retirement age risks sparking youth unrest

UNP warns proposed extension of judges' retirement age risks sparking youth unrest

 Adverse weather claims eight lives, affects over 16,000 people islandwide

Adverse weather claims eight lives, affects over 16,000 people islandwide

Lassana Flora