CJ buckles under pressure-Pulls out of ceylinco case :
Posted on November 12th, 2012
Jayantha De SILVA The Daily News
Under heavy pressure to refrain from hearing cases while the impeachment hearings in Parliament are set to begin, Chief Justice Shirani Bandaranayake stepped down from the three Judge Bench of the Supreme Court hearing the Golden Key Shiram case. 
Earlier, she appeared to take up the position that there is no harm hearing such cases, and some senior lawyers such as K Kanga-Isvaran had taken the same view, apparently in her support.
Giving the lie to such pre-emptive but obviously flawed observations, the Chief Justice observed during the hearing of the case that on the next call date fixed for December 14 the case will be heard before a reconstituted Bench comprising Justice Gamini Ameratunge, Justice K Sri Pavan and Justice Sathya Hettige.
The Chief Justice is facing flak on one impeachment charge where while hearing the Ceylinco case,
she is alleged to have, with a special power of attorney, purchased a house from the Ceylinco Group of Companies.
However, the Chief Justice if she hears any other cases during the impeachment hearings, will still be going counter to all conventions and expectations of propriety expected from a person facing an impeachment investigation in the Legislature.
November 12th, 2012 at 2:36 pm
Chief Justice Bandaranayake seemed unruffled over the charges against her in the impeachment resolution as Sunday Times reported. “I know he (husband Pradeep) is innocent. If he has done wrong, he has to face jail. That is all there is to it”; said she. What’s the point filing a case against her husband; CJ has already declared her judgement!
Judges are not only expected to act impartial bu t are expected to be seen to bystanders as if he/she is acting impartial. Surely, that is not the case with this CJ as things go. Felony by politicians and their stooges is no reason to absolve misdemeanors of judges. Judges should stand far far above politicians.
If that is the case, I cannot understand what Kanag-Ishvaran PC meant when he is said to have replied to CJ for her remark as written above; “Your Ladyship (CJ), we have just heard that a person (Obama) holding high office has won a new tenure. Let us hope it would be the same with you”. May be this PC is confused for as we understand, CJ is not seeking a new term but fighting to survive the remainder of her tenure.
Leela
November 12th, 2012 at 3:26 pm
Everyone knows Kanag-Ishvaran is mad. He went mad after his wife eloped with a very well known army general in 1996.
She now lives in USA. She has moved on!!
November 12th, 2012 at 3:31 pm
As You can see, CJ is already in the process of making undue influence on the judgement against her husband. This is the type of judicial mafia we have inherited. By the way, In the West we can’t open more than one bank accounts without any valid reasons, like high interest rate fixed deposit etc etc. But they can do it and get away with it. So If we are to establish proper democracy and fair judicial system in Sri Lanka, by hook or crook, we must get rid of this mafia gang.
November 12th, 2012 at 3:45 pm
I agree with NMY.
There is always the low cost method that works very well with CROOKS and terrorists alike. Pit one crook against another.
National security and unitary status are at risk. There is no time to waste.
November 12th, 2012 at 7:41 pm
NMY, Tell me one country that has the legal system and judges are NOT Currpt? This is not the way to look at this issue use a different method. Ohio, president Obama’s state, Last governor is in jail two senators and a congressmen are in jail.
November 12th, 2012 at 8:22 pm
It is time that this anti CJ propaganda stops. Let her defend her credentials, then we can express our judgement. Lets hope that the same rule that applies to the CJ applies to every one else be it Presidents colleagles, friends or family.
November 13th, 2012 at 12:53 pm
The 14 charges levelled against the Chief Justice, by 117 legislators constitute fair reports of allegations in the public interest not only in Sri Lanka but with substantial adverse impact on Sri Lankan interests in the international arena. Therefore public should be encouraged to make fair observations and comments on those allegations “Without Prejudice”.
November 13th, 2012 at 2:12 pm
Kit,
Pres. Obama won Ohio at the recent Presidential election. His home state is Illinois.
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CJ’s 20+ foreign bank accounts are odd.
November 13th, 2012 at 3:05 pm
How this CJ displayed her high superiority complex was highly exposed by her lawyers who think that THEY ARE ABOVE THE LAW,GIVING A PRESS STATEMENT TO PUBLISH HER INNOCENT.IS THAT CORRECT?
When there is a court case pending,so far I have never heard any big TIM TOM or HARY GIVING STATEMENTS TO THE PRESS.This is TOTALLY INPROPER BEHAVIOUR IN HER PART.The proceedings should go under closed doors.Further more CJ issued a statement to say that she would continue her activities totally disregarding the charges levelled at her.This shows their TOTAL ARROGANCE AND DISREGARD TO THE LEGISLATURE.
If CJ had an atom of commonsence, she could have requested a meeting with the President and discussed ways and means of settling the issue or should have kept silent and kept away from her normal work untill charges against her husband as well as her husband are settled in the normal process without trying to influence the judgiciary.
But they think THEY ARE TOO BIG FOR THEIR SHOES!!!
November 13th, 2012 at 6:28 pm
It seems, CJ believes she is very popular among the Sri Lanka public. Perhaps it is for that reason she has got her son to write emotional type of letters to press.
Right or wrong, more than a third of the MPs in parliament have listed a petition with clear charges against the CJ and the speaker has accepted it and has appointed a select committee to inquire into it and judge it. Hence, as we Simple Silva sees it, according to law, CJ is clearly an accused now.
When we are made an accused, we have no choice but appear before an appropriate court on summons and prove our innocence there. None of us dare write letters to press to show our innocence because we could be charged for contempt of court. But CJ chose to answer part of her charge sheet through letters send out to press by her attorneys.
Surely, there cannot be one law for Simple Silvas like us and another law for the powerful holder of the CJ title. The fact that CJ’s attorneys have referred only to few selected charges and answered them vaguely adds to more suspicion and have to be discussed separately is another matter. For one thing, it is obvious that CJ is trying to turn both local and international pundits to be the jury and influence the final verdict by the select committee.
There are many banned news websites in Sri Lanka. I live in Sri Lanka but have the access to all of them through our company server in the UK. But anyone can do the same through a proxy if they want. Anyway, one such banned site, Lankanewsweb reported that the President’s popularity has declined to 45% while that of the Chief Justice has gone up to 49%. They said 6% of the people who do not like either of them. To show Sri Lanka diasporas that MR is unpopular and to prove its authenticity, said website had added that Minister Basil Rajapaksa has come to the top of the popularity list among the governing party members.
In my opinion, foreign based untrue reporting could be one of the reasons for CJ to allay her destiny to such futile hope as mentioned earlier. CJ would indeed be popular among anti Rajapakse clan and particularly the diaspora clique just like SF was during the presidential election. But CJ should know that those in such cliques are in the minority in this country for MR is a master tactician who knows how to retain public on his side. If CJ thinks she can do a Pakistan here and rid of Rajapakse like the CJ there rid of Musharraf, she is sadly mistaken.
Besides, MPs appointed to the select committee be they government or opposition, they all have their preconceived opinion or obligations. Hence even a fool could foretell the judgement to come.
Leela