I’ve Not Retired, Resigned Or Vacated My Office: Full Text Of De Facto Chief Justice’s Statement
Posted on February 1st, 2015
STATEMENT ISSUED BY MOHAN PEIRIS
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. 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 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 that carries the following endorsement.
RESOLUTION AS PER ARTICLE 107(2) OF THE CONSTITUTION FOR A MOTION OF PARLIAMENT TO BE PRESENTED TO HIS EXCELLENCY THE PRESIDENT FOR THE REMOVAL OF THE HON. (DR.) (MRS.) UPATISSA ATAPATTU BANDARANAYAKE WASALA MUDIYANSE RALAHAMILAGE SHIRANI ANSHUMALA BANDARANAYAKE FROM THE OFFICE OF THE CHIEF JUSTICE OF THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA – Passed”
At the stage of debate, on 11.01.2013 a query was raised by two opposition Members of Parliament regarding the wording of the resolution that was being debated upon. Thereafter, the Hon Speaker considered this matter and pronounced the following ruling on the validity of the resolution;
කථානායකතුමා ගරු ඇමතිවරුනි, ගරු මන්ත‍්‍ර ීවරුනි, අදාල ස්ථාවර නියෝග හා ආණ් ඩුක‍්‍රම ව්‍යවස්ථාවේ ප‍්‍රතිපාදන මම අධ්‍යයනය කර බැලූවෙමි.
ජනාධිපතිතුමාට යෝජනාවක් ඉදිරිපත් කිරීම සඳහා මා වෙත මන්ත‍්‍ර ීවරුන් අත් සන් කොට ලබා දෙන ලද යෝජනා සම්මතයට අමතරව අලුත් යෝජනාවක් ඉදිරිපත් කළ නොහැකි බව මම ප‍්‍රකාශ කරමි.
දැනට ඉදිරිපත් කර ඇති යෝජනාව හොඳින් අධ්‍යයනය කර බැලීමේ දී මෙම යෝජනාව ඉදිරිපත් කොට ඇත්තේ ආණ් ඩුක‍්‍රම ව්‍යවස්ථාවේ 107(2* ව්‍යවස්ථාව සමග කියවිය යුතු 107(3) ව්‍යවස්ථාව සහ 78(අ) ස්ථාවර නියෝගය යටතේ බව ඉතා පැහැදිලිව සඳහන් කොට ඇත.
තව ද, මෙම යෝජනාවෙන් බලාපොරොත්තු වන්නේ ඉහත සඳහන් විෂමාචාර චෝදනා හේතුවෙන් එම විෂමාචාර චෝදනා පිළිබඳ පරීක්ෂණ කොට එම චෝදනා එකක් හෝ ඊට වැඩි ගණනක් ඔප්පු වී ඇතැයි විශේෂ කාරක සභාව විසින් පාර්ලිමේන්තුවට වාර්තා කරනු ලැබුවහොත් ශ‍්‍ර ී ලංකා ප‍්‍රජාතාන්ත‍්‍ර ික සමාජවාදී ජනරජයේ අග‍්‍ර විනිශ් චයකාර පදවියෙන් ගරු ආචාර්ය උපති ස් ස අතපත්තු බණ් ඩාරනායක වාසල මුදියන්සේ රාළහාමිලාගේ ශිරානි අංශුමාලා බණ් ඩාරනායක මහත්මිය ඉවත් කිරීම සඳහා යෝජනාවක් අතිගරු ජනාධිපතිතුමාට ඉදිරිපත් කළ යුතු යැයි සඳහන් වන බැවින් මෙම යෝජනාවේ පරමාර්ථය ඉතා පැහැදිලි වන අතර ආණ් ඩුක‍්‍රම ව්‍යවස්ථාවේ 107(2) ව්‍යවස්ථාව සමග කියවිය යුතු 107(3) ව්‍යවස්ථාව ප‍්‍රකාර යෝජනාවක් ඉදිරිපත් කිරීමට අද දින න්‍යාය පත‍්‍රයේ අඩංගු කර ඇති යෝජනාව ප‍්‍රමාණවත් වන බව මම ප‍්‍රකාශ කරමි.
එම නි සා අද දින න්‍යාය පත‍්‍රයේ විෂය අංක 1 යෝජනාව දැන් ඡුන්ද විමසීම සඳහා ඉදිරිපත් කරමි.”
This Ruling 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 Hon Speaker.
I would also like to point out that the Hon. 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 was 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 of Government and Opposition Members.
This Ruling 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 Hon Speaker.
I would also like to point out that the Hon. 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 was 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 of Government and Opposition Members.
It is significant that Hon Rajitha Senaratne was a member of 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 The Hon President Maithripala Sirisena spoke and voted in favour of the removal of the former Chief Justice.
The Hon Maithripala Sirisena in fact whole heartedly supported the entire process during the debate and in fact went on to state thus ;
Hansard of 11.01.2013, Column 528
ගරු මෛත‍්‍ර ීපාල සිරිසේන මහතා…………
ගරු කථානායකතුමනි, අග‍්‍රවිනිශ් චයකාරතුමියට එරෙහිව ඉදිරිපත් වී ඇති චෝදනා සම්බන්ධයෙන් පාර්ලිමේන්තුවේ විශේෂ කාරක සභාවේ විමර්ශනයෙන් පසු ඉදිරිපත් කරන ලද නි ර්දේශ මත ගරු සභානායක නිමල් සිරිපාල ද සිල්වා අමාත්‍යතුමා ඉදිරිපත් කළ යෝජනාව සම්බන්ධයෙන් ඊයේ ආරම්භ කරන ලද විවාදයට අපි අදත් සහභාගී වෙනවා. අපේ රටේ ව්‍යවස්ථාදායකය, විධායකය සහ අධිකරණය කියන ආයතන සුරක්ෂිත කිරීමේ, ආරක්ෂා කිරීමේ මෙන්ම ඒ ආයතන හරහා සිදු විය යුතු වගකීම් සහ යුතුකම් නි සි ලෙස ඉටුවීමේ කාර්යය දෙස වගකීමකින් බලා සිටින, කටයුතු කරන ආණ් ඩුවක් විදියට අපට පැහැදිලිව පෙනී යන කාරණයක් තිබෙනවා. විපක්ෂය මේ විවාදයට කරණු ඉදිරිපත් කිරීමේ දී මෙන්ම, ඊයේ දවසේ පාර්ලිමේන්තුවෙන් බාහිරව කරන ලද විරෝධතා සහ මේ යෝජනාව සම්බන්ධයෙන් පාර්ලිමේන්තු විශේෂ කාරක සභාව තුල කටයුතු කළ අන්දම යන මේ සියල්ල ගත් විට විපක්ෂය කටයුතු කරන්නේ ව්‍යවස්ථාමය හෝ නීතිමය පදනමකින් නොව, ඉතා පැහැදිලි ලෙස දේශපාලන අරමුණක් සහිතව බව අපට පැහැදිලිව පෙනෙනවා. මහින්ද රාජපක්ෂ ජනාධිපතිතුමාගේ ආණ් ඩුව විදිහට අපි කටයුතු කරන විට, විපක්ෂය සුපුරුදු පරිදි සියලු දේට විරුද්ධ වෙලා තිබෙනවා,……….
This is quite contrary to the position taken up now that my appointment was purportedly void ab initio. I am saddened that this machination comes after attempts to coerce me and later intimidate me into stepping down.
It must be noted that I could only have been removed from Office in terms of the specific provisions contained in Article 107 (2) of the Constitution after an address of Parliament.
Lastly, it appears that the Executive has now sought to arrogate to itself a non existent power by usurping the power of the legislature and thus engage itself in an unconstitutional process in an endeavour to remove me as the Chief Justice. This is unlawful and violates the principle of the separation of powers which is a fundamental feature of our Constitution and renders the exercise futile. As such all consequential acts will be tainted with illegality.
Mohan Pieris
January 31st, 2015 at 12:57 pm
There will be more from Yahapalanaya Sir. I am not surprised the way things are already happening. But sugar is cheap Eh.
January 31st, 2015 at 2:42 pm
Raj
Yahapalanaya has also introduced a cheaper Judicial system which can backfire causing constitutional crisis. The court decisions and their verdicts become unconstitutional and invalid during this period.
January 31st, 2015 at 2:52 pm
Second Leader the culprit Traitor Rajitha in his 360 discussion said that when the inquiry against Shirani B was discussed by the committee,He the biggets Traitor has asked S B to EXPLAIN IF SHE HAS ANY EXPLAINATION OF HER MONETERY TRANSACTIONS.BUT THAT HORA CJ 43 HAS NOT RESPONDED! IS THIS NOT A CLUE THAT SHE,S B CJ43 HAD LIED IN HER TAX RETURNS.BUT NOW THIS CORRUPTED MINISTER SAYS THAT SHE IS INNOCENT!!!
January 31st, 2015 at 3:13 pm
problem is not whether Shirani was involved in corruption but MR policy of letting all people in his administration to break law and steal and use it as a guarantor of obedience and partisanship.
January 31st, 2015 at 3:43 pm
Sena
Munidadsa Kumaratungas grandson Gevindu Kumarathunga and Dr.Wasantha Bandara appeared on the television debate Waada Pitiya recetly and explained latest accomplishment of the so called yahapalanaya. See full debate on youtube
https://www.youtube.com/watch?v=3a5fV7xV6_o&list=PLfSSNLbaL2YLNoNOIpytXjoRMQzJeaOoD
They say corruption perception index produced by Transparency International shows higher slope of corruption during Chandrika’s and Ranil Wickremasighe’s time.
January 31st, 2015 at 3:54 pm
All the commentators are correct to their way of thinking, Its True!!!
But,Y don’t all these people can’t be nutral & be respectfull & ABOVE ALL GREATFUL TO THE GREAT MAN WHO WAS ABLE TO DEFEAT LTTE TERORISTS AND V R LIVING WITHOUT ANY FEAR OF ANY ,BOMBS,KILLER GANGS, Etc Etc.
If our FOOLISH SINHALESE PEOPLE HAD ELECTED Hon SIRI MAVO BANDARANAYAKA AGAIN,SHRI LANKA WOULD HAVE BEEN A VERY PRODUCTIVE COUNTRY!!!
She restricted importing many items thru VEVETITHURAI and made many developments,for example,1)Tyre corporation,Kelaniys,2) Nationalised Petrol importing companies,Trincomalee Port Taken over by S L Govt,, Prevented Transport of Rice to stop smuggling to India thru Velvetithurai ILLEGALLY,Started MANY STATE SPONSERED INDUSTRIES LIKE WELLAWATTA WEAVING MILLS,VEYANGGODA AND MANY WEAVING INDUSTRIES!!!Etc,Etc,Etc.(State Engineering Coorporation)!!!!.But Our Foolish,Short Sighted Sri Lankan Fools GOT CAUGHT TO THE BIGGEST TRAITOR,JRJ WHO PROMISSED “DHARMISHTAPALANAYA” and BARRED S M FROM CONTESTING AGAIN BY STRIPPING HER CIVIL RIGHTS, and BECAME THE PRESIDENT OF S L WITHOUT GOING THRU AN ELECTION!!!
That is WHAT Mage3,RW and the TRAITORS R TRYING TO DO!!! BY FORCEFULLY PREVENTING CJ M P PERFORMING HIS DUTIES!!!
But, Very Soon according to Buddhism,DITTA DHAMMA VEDANEEYA KARMA WLL -PUNISH THEM VERY SOON!!!
January 31st, 2015 at 4:43 pm
NeelaMahaYoda
Very true. Since independence there is a unwritten rule among politicians and their corrupt high ranking officials, that they do not go against their counter parts in the previous government. The result is since independence all the politicians and their relatives and high ranking officials amassed ton of wealth and move to Colombo 7 without having to face any consequences for their illegal deals. But it seems like this time it is different and that putva onus on the current politicians regarding corruption
January 31st, 2015 at 5:17 pm
Jay-ran,
I do fully agree with you. Our Sinhala modayas are only thinking of short term gains. Even VP was telling “Sinhalaya modoya, kewum kanna yodaya”.
The problem is, the traitors will pay back due to Ditta Dhamma Vedaheeya Karma… But what happens to Mother Lanka? The damage done are irreversible.
January 31st, 2015 at 5:56 pm
Namaste: Agent of the Indian Empire will be appointed to the position. The Secretary of the Empire Kamalesh Sharma is in the island. Jai Hind.
January 31st, 2015 at 6:54 pm
Not too surprised: Yahapalanaya is beginning to show its true (mafia) colors.
We are with you, CJ!
January 31st, 2015 at 7:57 pm
Is this the Yahapalanaya promised by this sadist MY3 or is this the Yalpanam palanaya dictated by the enemy? Did this sadist MY3 voted for the resolution to remove the former C.J. Shirani B?
January 31st, 2015 at 11:03 pm
I told you once and I am telling you again.This was a coup orchestrated by foreign agents,Diaspora and the local agents like Ranil/Chandrika and the clan. Don’t worry Sir,people will understand about this rotten Yahapalanaya very soon although it will be too late by that time. Majority of the good people in this country knows how you was appointed and how you was removed so do not be sad because the good is always with you Sir. Bad & the Ugly will perish without their knowledge very soon. We have seen it before and we will see in the future too.
Yahapalanya drama is good for the gallery because they make it sweet story by reducing few Saiver items like Dhal etc imported from India and gave it to the hungry people to fill their stomach. We know who this MY3 is and how he performed his duties while he was a Minister. What experience he has to Govern a country. He thinks Govt business is like working in a paddy field. He was praising Mahinda and worshiped him like a God for ten years and suddenly he became a villain to his Boss same like SF in 2010.
Before the General election these third class traitors will try to sling mud as much as possible on SLFP and the former President and family. Americans and their alleys and the foreign press already praising MY3 Govt of good Governance and they have already started canvassing for these two-headed snakes. MY3 should start wearing Tie & Coat like his pal Ranil not Modi’s suit anymore because the western Mafia does not like Sarong Johny’s much. Ranil has become a dictator already with the support of this western Mafia and MY 3 only a puppet on a string while JVP acting like gangsters harassing and intimidating innocent people.What happened to Mr.Mohan Pieris can happen to anyone if they do not agree to their Jaraplanaya headed by Vairiyapala not Maitripala.
February 1st, 2015 at 5:45 am
sena Says:
January 31st, 2015 at 3:13 pm
problem is not whether Shirani was involved in corruption but MR policy of letting all people in his administration to break law and steal and use it as a guarantor of obedience and partisanship.
sena, the problem now is that the current administration is also using a similar bunch of people, e.g. the finance minister.
When everybody has skeletons (few or many or little or large) in their cupboards, it is just hoodwinking when they come and proclaim that they are whiter than white just like when SF tried to be the champion for eradicating corruption when he himself had profited from such arrangements, this is not to belittle SF who excelled in his job as the commander of the SLA.
This new administration is getting many new names.
Vairee palanaya in place of Maithree palanaya
Jara palanaya in place of Yaha palanaya
Yalpanam palanaya in place of Yaha palanaya
Yama palanaya in place of Yaha palanaya
NeelaMahaYoda Says:
January 31st, 2015 at 3:43 pm
“They say corruption perception index produced by Transparency International shows higher slope of corruption during Chandrika’s and Ranil Wickremasighe’s time.”
This may refer to corruption involving just money and other inducements; but there are other kinds of payments e.g. awarding of various prices, scholarships etc for example it has been alleged previously that the duo were chasing the award of Nobel Peace Price through the CFA; perhaps it was unfounded or may be such a carrot is being dangled again (?).
ranjit Says:
January 31st, 2015 at 11:03 pm
“We know who this MY3 is and how he performed his duties while he was a Minister. What experience he has to Govern a country.”
This was precisely the reason for his being selected to front the ‘coup’, i.e. he would not be the one calling the shots.
February 1st, 2015 at 6:48 am
I am only to discuss this CJ 44 statement. To begin with, when the Ex President decided to appoint Mr. Mohan Pieris as the CJ, he should have very politely refused to accept it. For such a refusal, the reasons were very many. He at that time was the Legal Adviser to the Cabinet and thereby directly involved in Governmental Affairs and the President. Next he held various positions in the commercial sector , in addition to Government connected establishments. He was also a retired government employee after serving in the Attorney General’s shoes. He also should have assessed the most important factor of his “ACCEPTANCE” in the HIGH SEAT” of the country’s Justice System. So he should have considered all that relating to his CV and very kindly refused to accept the position and given the correct advice to the President on the selection of a “SUITABLE” candidate for the position of CJ.
Next comes, after assuming this “HIGH” and “MOST INDEPENDENT” position in the Judiciary of the country, the way he conducted himself in the eye of the public. He continued to “mingle” with political high command and even went to the extent of participating in Sinhala Aurudu ceremonies at the President’s private residence. That “behaviour” in his public and private life did not add any “colour” or “credentials” to his career as the Chief Justice. He only “invited” the wrath and indignation of the very professionals of the Judiciary.
Immediately, on the early hours of the Presidential Election conclusion, he should never, ever have decided to visit the Temple Trees, the official residence of the then President. Even, if he was invited or consulted, he should have had the presence of mind and maintained the “dignity” and “independence” of his position and again, very kindly explained and “refrained” from that visit. That “VISIT, on that day, at that time to the official residence of the President was uncalled for and unwarranted.
Then what has he done after the present Government was established. He started “BARGAINING” for his departure from his position as the CJ. It was most disgusting to know that he, along with his wife and two doctors visiting the present Prime Minister, Mr. Ranil wickramasinghe and to ask that he be appointed to the High Commission office in Geneva. in exchange for his RESIGNATION. Even our present Prime Minister had the audacity to offer him a High Commissioner post in Brazil. This is worse than some of the STUPID “Tele Dramas” coming up in our TV screens. These are the TYPES of Chief Justice and Prime Minister we have come to live with.
Now he is considered “NO MORE” because, we have a “NEW CJ 44” in place of Mr. Mohan Pieris- “the CJ 44”. What he should be doing NOW is not to issue public statements and try his luck with creating PUBLIC OPINION in favour; but to seek redress from the very Judicial System of the country. If he “STRONGLY” feels CONFIDENT that his removal was “IMPROPER” and “UNCONSTITUTIONAL” ; he must contest that in a appropriate Court Of Law, and seek redress through the very Judicial system in which he was one time the “BIG WIG”. I invite Mr. Mohan Pieris to do that without wasting his time.
February 1st, 2015 at 9:08 am
Mr.Mohan peiris.
What you have said is all good and well.
But you have not rejected the claims by the present Prime Minister Ranil Wickramasinghe that you sought ambassadorial postions from him and the President and that you are prepared to compromise the judiciary for that.
That doesn’t bode well for you.
Ranil is THE dictator …. not Mahinda. We know that.
UNPer’s themselves have made that claim and made it clear many times over.
Ranil is a person who has no vision or a mission except to fulfil his orders from his colonial masters and his Colombian elite
to make sure that he hangs on until his successer (from his family) is primed and ready to handed over the reigns to him.
This is exactly what he is doing today and it seems Chandrika has lost out once again.
Chandrika wants exactly what Ranil wants.
To bring their family to power.
February 1st, 2015 at 11:49 am
Lorence has completed his contract.
February 1st, 2015 at 12:52 pm
RAJ !! NOT YET. He is vacationing in Hollywood.
February 1st, 2015 at 1:55 pm
This editorial in the Island appears to cover all the goings on related to the topic.
http://www.island.lk/index.php?page_cat=news-section&page=news-section&code_title=55
February 2nd, 2015 at 5:57 am
I’ve Not Retired, Resigned Or Vacated My Office- Yes correct , you have been sacked by Indian / American .
any more question Sir ?
Lorence has completed his contract- like it , Lorence do you need this (ithu unnakku thevaya) ???