Thursday, 22 January 2015 01:00
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Controversial head of the judiciary Mohan Peiris to step down from office by Monday, ShiraniBandaranayake to be briefly reinstated
The controversial January 2013 impeachment of Chief Justice ShiraniBandaranayake is set to come full circle with her successor Mohan Pieris tipped to step down from office soon, Daily FT learns.
Newly appointed Cabinet Spokesman Minister Rajitha Senaratne told reporters yesterday that the Chief Justice had agreed to resign from office.
The country’s top judge is expected to step down before Monday (26), authoritative sources told the Daily FT. A letter by the hand of President Maithripala Sirisenareinstating sacked Chief Justice ShiraniBandaranayake has already been drafted, the sources said.
The former Chief Justice will be restored to office on the basis that she was not legally impeached, after Parliament voted for the second time on a motion to set up a committee to probe allegations against her on 13 January, instead of a resolution of impeachment to oust her as stipulated by the Constitution.
Bandaranayake, who was unceremoniously sacked from office in defiance of Supreme Court and Court of Appeal rulings by the previous regime, will be restored to office, even to serve a single day as Head of the Judiciary before retiring.
She will likely depart office after being afforded a decent farewell and felicitation, the sources added.
Bandaranayake’s reinstatement is meant to be restitution for the indignity and injustice she suffered at the hands of the previous regime only, legal sources told the Daily FT.
Chief Justice Peiris is at the centre of further controversy after he was found to be present at Temple Trees in the early morning hours of 9 January, when the new Government has alleged a discussion took place to retain power by force after President Mahinda Rajapaksa lost the popular vote in the 8 January presidential poll.
The Bar Association of Sri Lanka has called on Chief Justice Peiris to resign due to a total loss of confidence and lack of suitability to continue to head the Judiciary in light of uncontradicted reports that he had been present at Temple Trees when the alleged coup discussions were held.
Prime Minister Ranil Wickremesinghe had confirmed to the BASL that the Chief Justice was present at Temple Trees when he arrived there for talks at 5 a.m. on 9 January.
This week, the Attorney General barred Chief Justice Peiris from attending a conference of Asian AGs to celebrate the Department’s 130th anniversary, after the Bar Association threatened to walk out of the event. Instead the most senior judge of the Supreme Court, Justice K. Sripavan presided over the event as Guest of Honour.
The beleaguered Peiris, who was handpicked as head of the Judiciary by former President Rajapaksa following the unconstitutional sacking of Bandaranayake, has finally agreed to step down and legal modalities are being discussed, legal sources said.
