Sri Lanka To Have Two CJs This Evening!

image

Highly placed government sources told Asian Mirror that impeached Chief Justice Shirani Bandaranayake is to take oaths as the Chief Justice this evening.

If Mohan Peiris, the sitting Chief Justice, does not leave office before Shirani Bandaranayake’s reinstatement, the country will have two Chief justices – an unprecedented situation in the country’s legal history.

Sources from the President’s office, on Wednesday, told Asian Mirror that the President was exploring the possibility of issuing ‘marching orders’ to the sitting CJ on the grounds that the impeachment process of the ousted CJ was flawed. The President and the Cabinet of ministers have already acknowledged that the impeachment of Shirani Bandaranayake was flawed and therefore ‘illegal”.

Meanwhile, there were rumours floating around on Wednesday morning that the Chief Justice 44 had left his office due to mounting pressure by lawyers and civil society. This was flatly denied by Wijeratne kodippili, de facto spokesperson of CJ Mohan Peiris, a short while ago. 

However, according to top legal experts who spoke to Asian Mirror on Wednesday on conditions of anonymity, issuing ‘marching orders’ is not an acceptable and democratic way of ousting a Chief Justice.

On the other hand, it also gives rise to a question on the validity of judgments given by Mohan Peiris, who is the sitting chief Justice.

A senior Cabinet Minister said the sitting CJ’s judgments could be validated by Parliament, through a simple majority, despite his “illegal” and “flawed” appointment. “The legislature always stays above the judiciary and that has been affirmed a few times in the country’s legal system,” he added.

Be that as it may, the entire process however will set a bad precedence to the country in terms of ousting judges at the discretion of governments that come to power. 

Advertisements

About lankapage

We are an online publication (Educational Purpose Blog) made up largely of what we call “disintermediated” news – that is news without a spin put on it by a journalist, published as it’s delivered to Lankapage. All copyrights belong to their respective owners. Images and text owned by other copyright holders are used here under the guidelines of the Fair Use provisions of United States Copyright Law. Images and text are used here only for the education purpose and are not intended to generate income for the blog, its employees, or its students. That makes us unique. All content is delivered to you as the writer or producer intended — leaving only you to make judgments about what you read or watch, not us.

Posted on January 28, 2015, in Sri Lanka. Bookmark the permalink. Comments Off on Sri Lanka To Have Two CJs This Evening!.

Comments are closed.

%d bloggers like this: