Wednesday, 4 February 2015 00:05
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By Ashwin Hemmathagama – Our Lobby Correspondent
Parliamentarians on Monday clashed over the reinstatement of Chief Justice Dr. Shirani Bandaranayake, allowing her to retire, and the removal of Chief Justice Mohan Peiris from office, while questioning the validity of the appointment of new Chief Justice Kanagasabapathy J. Sripavan.
Based on the replies Prime Minister Ranil Wickremesinghe gave last Friday in Parliament, the Leader of the Opposition Nimal Siripla de Silva said that the removal of the 44th Chief Justice Mohan Peiris as well as the reinstatement of the 43rd Chief Justice Shirani Bandaranayake were “both illegal, unconstitutional, and challenged the supremacy of the Legislature.”
Moving the adjournment debate he said: “The Prime Minister’s response is debatable, to which the party leaders requested a debate. Time was not permitted at least for one speaker. The Prime Minister held that the approval of President Maithripala Sirisena will make room for the anticipated debate. Minister John Amaratunga and myself got the President’s approval, to which we are thankful to President Sirisena.”
Commenting again on the Prime Minister’s response, de Silva pulled out two aspects – a lack of validity of the entire procedure followed to remove the 43rd Chief Justice and the President taking an arbitrary decision to remove her.
“Apart from these two aspects the other information about where Mohan Peiris went and what he did with whom is irrelevant. We are not here to safeguard Mohan Peiris but to uphold Parliament Supremacy and to protect the people’s right.
“Mr. Speaker you were clear in your decision, which was passed in this House. Today, your decision is challenged. We can’t challenge a decision of a Speaker outside this House. In a past Parliament, former Speaker Anura Bandaranaike gave a good judgement quoting Lord Denning. Whatever conducted within the walls of either assembly must be passed without question at any other place. By an Executive Act you can’t nullify the Legislature. Nullification can only be done by a court of law. Intentionally Upul Jayasuriya influenced the decision of the President Sirisena,” added Leader of the Opposition charging the Bar Association with spreading the rule of the jungle instead of good governance and Rule Of Law.
MP John Seneviratne seconded the motion.
Tarnishing President’s image
In response, Minister of Minister of Plantation Industries and the Leader of the House of Parliament Lakshman Kiriella held the decision to bring back Dr. Bandaranayake could not be placed upon the UNP.
“Regardless of who gave the instructions it was President Sirisena who decided to reappoint her. The President went on-air recently on Rupavahini and ITN. He said that on 11 January 2013 the motion approved was limited to appointing a Select Committee. Your intention is to blame the President and tarnish his image. Don’t try to be babies. I raised this issue and showed you the incorrect procedure followed to sustain the intention. Appointing a Select Committee is inadequate to remove her.”
Joining the debate MP Susil Premajayantha said: “This debate is held based on the statement the Prime Minister gave this House.”
Minister of Housing and Samurdhi Sajith Premadasa said: “What was required here was to bring a motion directly aimed at the removal of the Chief Justice. This is a lapse. During the inquiry, necessary evidence was scarce. President Rajapaksa violated the Parliament standing orders and the Constitution by the removal of Chief Justice Bandaranayake. The Rules of Natural Justice were violated by this Parliament and it was nothing more than a Kangaroo Court.
“Both the Prime Minister and President Sirisena said that Chief Justice Peiris had told them to allow him to continue for some time and he will continue to give judgements in favour of the Government. Chief Justice Peiris was nothing but a puppet. Chief Justice Bandaranayake was not a puppet and she was not allowed to continue in office for this reason,” he added.
Opposition lawmaker Vijitha Herath, criticising the former Government said: “Generally when a new Government comes into power, the Chairman of the CTB and CPC are changed. We are not in favour of such changes but the change of Chief Justice Bandaranayake cannot be as simple as changing a Chairman of a state entity. And the removal of Chief Justice Mohan Peiris was different to the removal of Chief Justice Bandaranayake.
“Chief Justice Bandaranayake was removed simply because she didn’t allow Rajapaksa to amend the 18th Amendment the way he wanted. At least after two years now we are able to take action against the illegal removal of her. She was not even allowed to leave the Supreme Court on that fateful day where Medamulla thugs surrounded the court complex. Manjula Thilakaratne was beaten in Mount Lavinia, Wijeyadasa Rajapakshe’s house was shot at. The law of the jungle took place during your time. Chief Justice Peiris politicised the entire legal system and started influencing all magistrates,” he added.
Minister of Health and Indigenous Medicine Dr. Rajitha Senaratne highlighted the harm Chief Justice Bandaranayake did to the legal system in Sri Lanka. “Victor Ivan in one of his books thanked me and Vasudeva for working for the removal of the corrupt Chief Justice Sarath N. Silva. But it is amazing to see now the same Vasu taking side against the removal of a similar corrupt Chief Justice – Mohan Peiris. After Sarath N. Silva then came Dr. Shirani. She did something that I don’t agree with. I never disrespected her even during the inquiry. I gave her due respect by addressing her as your Honour and your Lordship.
“On 27 Mohan Peiris informed the President that he would give all judgements in favour of the ruling Government. What kind of a Chief Justice is this? He was not invited but took an invitation from the Cardinal to be present at the airport to greet the Pope,” he said.
