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My removal unlawful, claims Peiris
Mohan Peiris, President’s Counsel said yesterday that he was appointed as Chief Justice following the proper removal of his predecessor Chief Justice Shirani Bandaranayake by Parliament and that his removal from the post is unconstitutional and unlawful.
Mohan Peiris questions the legality of his removal
In a statement issued yesterday, he says that maintaining the dignity and decorum associated with the office of Chief Justice and ensuring its respectability and propriety is his main concern.
Extracts from his statement; (full text appears on www.sundaytimes.lk)
“I have not retired, resigned or vacated my office of Chief Justice, but, due to exertions by external forces reinforced by an extra judicial chain of events, find myself displaced from office by an unconstitutional process having functioned continuously in my appointment for over two years. There are times when might overtakes right and the helpless have to succumb to injustice.
“Maintaining the dignity and decorum associated with the office of the Chief Justice and ensuring its respectability and propriety is my prime concern. As the pinnacle of our judicial administration, it should be preciously safeguarded in its pristine purity; now and for the future – in the need to preserve justice as a wholesome entity.
Visit full text of his statement
“I abhor and despise and do not encourage the enactment of street dramas or of invoking vengeance by resorting to horrific practices of the occult or encourage rabble rousing on pavements by a few members of the legal fraternity with their storm troopers or rouse the judiciary to come to the assistance of an affected Judicial Officer, as witnessed in the recent past. Offering patronage to such events demeans the office of the Chief Justice. It promotes division or dissension within the Bar for selfish returns.
“I look upon myself as a Chief Justice and a citizen, who was empowered to carry out the solemn duty of ensuring the sovereignty of the people in the midst of great institutions such as the Judiciary and the Bar. These Institutions must retain their dignity perennially – not for a passing hour or a day of glory and must not descend to a pedestrian level.
“I look upon the example set by Chief Justice Neville Samarakoon, Queen’s Counsel, who held his head high and never sacrificed principle or sought to divide judges and lawyers on the plight that befell him. I was appointed to the post of Chief Justice after my predecessor was removed by the required Parliamentary majority (155 to 49) as reflected in the Hansard of 11.01.2013.
“The Ruling (by the Speaker of Parliament on 11 January, 2013 for the removal of then Chief Justice Shirani Bandaranayake) is final and conclusive and those who exercised their vote on the same are debarred from contesting its validity.
“It is pursuant to this Ruling that the House proceeded to vote on the aforesaid resolution as clarified by the Speaker.
“I would also like to point out that the Prime Minister, Mr. Ranil Wickremesinghe also participated in the debate and voted on the resolution, but against it.
“It is also evident from the Parliamentary proceedings of that debate, which went on for two consecutive days, that the House deliberated on the Report of the Parliamentary Select Committee that had found Dr. Shirani Bandaranayake guilty of some of the charges. Such report had been duly tabled in Parliament on 08.12.2012 and all the members were furnished with copies of the same. Further the procedure as set out in the Constitution and the Standing Orders were duly followed.
“Thereafter the former Chief Justice was removed by an order of the then President and I was appointed by a warrant to the post of Chief Justice on 15.01.2013, with the concurrence of the Parliamentary Council which comprises Government and Opposition Members.
“It is significant that Rajitha Senaratne was a member of the panel of inquiry that probed the charges against Dr. Shirani Bandaranayake and found her unanimously guilty with the other members on some charges and acquitted on others and President Maithripala Sirisena spoke and voted in favour of the removal of the former Chief Justice.
“(President) Maithripala Sirisena in fact whole heartedly supported the entire process during the debate.