Removing Chief Justice by the Cabinet Worse Than Removing Civic Rights of Sirima
Posted on February 1st, 2015

Dilrook Kannangara

Sri Lanka is in a dismal state of lawlessness under the Sirisena-Wickramasinghe interim government. The law has indeed gone to dogs! Chief Justice Mohan Pieris was properly appointed. There was absolutely no flaw in his appointment. If there was a flaw, why not the Supreme Court consulted in his removal? The decision to remove him was taken by the Cabinet which has no jurisdiction over appointing, removing and taking any other action on the Chief Justice.

The despotic Sirisena-Wickramasinghe administration tried various tricks to get the Chief Justice removed. Firstly they threatened him with imprisonment over the alleged involvement in the concocted conspiracy. Failing that they tried to frame corruption charges against him. That too failed and rumours were spread that he was after a foreign posting to resign from the post. All failed. Then Asath Sally paid a needless visit to the Chief Justice. According to some reports he threatened him. Even if there was no threat, Sally has no business in the matter. Finally the Cabinet used coercion and force to remove him and reappoint Shirani who as planned resigned paving way for the intended Chief Justice. If the current de facto Chief Justice has any professional decorum, he must resign forthwith and allow the de jure Chief Justice Mohan Pieris to resume work. However, that is not expectable in Sri Lanka under the sorry state of the law.

This episode resembles the removal of civic rights (1980-1985) of Sirima Bandaranaike by the Jayawardana administration. That too was done without any judicial power. The Cabinet assumed judicial powers! The executive, the legislature and the judiciary are separated for a good reason. The Cabinet cannot assume all three powers and use it against political opponents.

This is the worst despotic event that happened in Sri Lanka for over three decades. It marks the dangerous slide into the abyss of absolute dictatorship.

17 Responses to “Removing Chief Justice by the Cabinet Worse Than Removing Civic Rights of Sirima”

  1. Mr. Bernard Wijeyasingha Says:

    The future of Sri Lanka is at stake. Partly due to the manipulations of India’s secret Service organization RAW Sri Lanka could face division and the formation of Eelam: I copy and paste what happened to the nation of Sikkim in 1975:

    “King Palden Thondup Namgyal, the Chogyal of Sikkim was in his palace on the morning of 6 April, 1975 when the roar of army trucks climbing the steep streets of Gangtok brought him running to the window. There were Indian soldiers everywhere, they had surrounded the palace, and short rapid bursts of machine gun fire could be heard. Basanta Kumar Chhetri, a 19-year-old guard at the palace’s main gate, was struck by a bullet and killed-the first casualty of the takeover. The 5,000-strong Indian force didn’t take more than 30 minutes to subdue the palace guards who numbered only 243. By 12.45 it was all over, Sikkim ceased to exist as an independent kingdom.”(Sikkim: an Indian state by force: History forums)
    Captured palace guards, hands raised high were packed into trucks and taken away, singing: “Dela sil, li gi, gang changka chibso” (may my country keep blooming like a flower). But by the, the Indian tri-colour had replaced the Sikkimese flag at the palace where the 12th king of the Namgyal dynasty was held prisoner. “The Chogyal was a great believer in India. He had huge respect for Mahatma Gnadhi and Jawaharlal Nehru. Not in his wildest dreams did he think India would ever swallow up his kingdom,” recalls Captain Sonam Yongda, the Chogyal’s aide-de-camp. Nehru himself had told journalist Kuldip Nayarin 1960: “Taking a small country like Sikkim by force would be like shooting a fly with a rifle.” Ironically it was Nehru’s daughter Indira Gandhi who cited “national interest” to make Sikkim the 22nd state in the Indian union.

    In the years leading up to the 1975 annexation, there was enough evidence that all was not well in relations between New Delhi and Gangtok. The seeds were sown as far back as 1947 after India gained independence, when the Sikkim State Congress started an anti-monarchist movement to introduce democracy, end feudalism andmerge with India. “We went to Delhi to talk to Nehru about these demands,” recalls CD Rai, a rebel leader. “He told us, we’ll help you with democracy and getting rid of feudalism, but don’t talk about merger now.” Relenting to pressure from pro-democracy supporters, the 11th Chogyalwas forced to include Raiin a five-member council of ministers, to sign a one-sided treaty with India which would effectively turn Sikkim into an Indian “protectorate”, and allow the stationing of an Indian “political officer” in Gangtok
    In his book on the Indian intelligence agency, Inside RAW, The story of India’s secret service, Ashok Raina writes that New Delhi had taken the decision to annex Sikkim in 1971, andthat the RAW used the next two years to create the right conditions within Sikkim to make that happen. The key here was to use the predominantly-Hindu Sikkimese of Nepali origin who complained of discrimination from the Buddhist king and elite to rise up. “What we felt then was that the Chogyal was unjust to us,” says CD Rai, editor of Gangtok Times and ex-minister. “We thought it may be better to be Indian than to be oppressed by the king.”

    So, when the Indian troops moved in there was general jubilation on the streets of Gangtok. It was in fact in faraway Kathmandu that there were reverberations. Beijing expressed grave concern. But in the absence of popular protests against the Indian move, there was only muted reaction at the United Nations in New York. It was only later that there were contrary opinions within India-Morarji Desai said in 1978 that the merger was a mistake. Even Sikkimese political leaders who fought for the merger said it was a blunder and worked to roll it back. But by then it was too late

    SIKKIM WAS FORCEFULLY ANNEXED. THE IDEA THAT A NATION WHOSE PEOPLE AND CULTURE ARE NOT REMOTELY RELATED TO INDIA, WHOSE GEOGRAPHY IS CLOSER TO SWITZERLAND WOULD “VOTE” AWAY HER INDEPENDENCE IS AS RIDICULOUS INDIA WANTING TO BE PART OF THE BRITISH EMPIRE IN THE 1850’S

    INDIA HAS SPENT SO MUCH TIME AND MONEY IN FORMING ELAM AND FAILED…FOR AWHILE. NOW RAW AND INDIA HAVE A SECOND CHANCE. NEW DELHI MAY NOT HAVE THE CAPACITY TO “ANNEX” SRI LANKA BUT SHE DOES HAVE THE CAPACITY TO DIVIDE SRI LANKA IN THE SAME MANNER SHE DID WITH PAKISTAN.

    THE ABOVE QUOTE IS TAKEN FROM THE INTERNET OF HOW THE NATION OF SIKKIM BECAME PART OF INDIA AND THE REGRET THEY FEEL TODAY.

  2. NeelaMahaYoda Says:

    Yet the three monkeys (US, UK and UN) say “see no evil, hear no evil, speak no evil”.

  3. Raj Says:

    Ealam is on the way.

  4. Ananda-USA Says:

    MORE IDIOTIC tax policy on cars in the new GOSL Budget: Increased taxes on HYBRIDS!!

    Don’t these IDIOTS understand that Hybrids decrease RECURRING OIL IMPORT COSTS for Transportation??

    ……………………..
    Audio: Hybrid car prices will go up due to tax revision

    DailyMirror.lk
    January 31, 2015

    Vehicle Importers Association Chairman Mahinda Sarathchandra said yesterday that prices of vehicles below 1000 cc would come down only by Rs. 25, 000 in the wake of the 15% tax reduction announced in Thursday’s mini budget while all hybrid cars would go up by as much as Rupees one million.

    Mr. Sarathchandra said the 172.5% custom duty which had been imposed on cars below 1000 CC was reduced to 155.25% which would result in a decrease of Rs. 25, 000 for cars below 1000 cc.

    He said however prices of hybrid cars would go up by a huge amount due to the new tax system.

    Mr. Sarathchandra said the price of a Prius car would go up by Rs. 9 75, 000, Axio by Rs. 7 25, 000 and Honda Fit by Rs. 700, 000 because of the new taxation.

    He said the tax revisal would have an impact on vehicle importers.(Ajith Siriwardana)

  5. Lorenzo Says:

    “If the current de facto Chief Justice has any professional decorum, he must resign forthwith and allow the de jure Chief Justice Mohan Pieris to resume work.”

    WRONG!!!

    De facto CJ is MOHAN.

  6. Nanda Says:

    People supporting ex-president must realise that Maithripala Sirisena is a powerful courageous true Sinhala Buddhist man who was able to defeat most powerful president in Sir Lankan history. Therefore he surely has the ability to take tough decisions without fear otherwise there is no way he could reach highest position of a country.
    Without UNP he could not have won, he used UNP to come to power for 6 years , more than UNP used him to come to power for 100 days. Although he must satisfy UNP as he promised, he did not come to power merely using UNP votes, he attracted most of floating voltes, most votes of young generation, and the votes of those who wanted a change. It is foolish to think he is man who does not understand real situations, what people around him are trying to do etc. He is aware of everything and he has already shown he will do what he wants.
    He will not hesitate to take any decision at appropriate time.
    Rather than abusing him because of his simplistic appearance, for the reason that he left MR (this his right has a human with a brain) or for the reason he does not speak English, please treat him like a high achieving Sinhala Buddhist man.

  7. Nanda Says:

    AnuD,
    Sinhala people were being supressed for a long time and were elated after the war greatly. They will support Ali Baba AT ANY COST for a long time to come because they did not get such a pleasure for a long time and are fully reluctant to let go of this pleasure. Please be sympathetic to tem. Lankaweb is their Kopi Kade.
    Tamnilnet is not like that. I have not visited it expect for 3-4 times and I don’t remember it has a forum. It is purely run by LTTE, headed by KP.

  8. aloy Says:

    I am sorry to say that I agree 100% with AnuD. LW indeed went the way TamilNet went after the announcement of the presidential election. May be some “laptops” influenced the decision; certainly not the patriotism of the writers and commentators, it looks. CJ Mohan was the chairman of the bank stolen from a Sinhala businessman. He was also the adviser of the so called Alibaba. What qualifications has he got to be the CJ of a civilized country.

    If it goes on like this, next thing we can expect is the banning of LW in Sri Lanka.

  9. Christie Says:

    Namaste: Agent of the Indian Empire will be appointed to the position. The Secretary of the Empire Kamalesh Sharma is in the island. Then Indian agents from the US came. The subjects of an Empire have no choice. Jai Hind.

  10. mario_perera Says:

    I do not think that we should look at LAW like a game of book cricket.

    What we consider as being the sequences and consequences of practice and procedure are fixations of the mind. They seem implacable and irreversible as long as that particular mind-set lasts. Everything is as quicksand before the dictates of change. Change is the principal law. Even what we consider history cannot stand the test of change. That is why there are a thousand different view points about what we consider as being incontrovertible facts and realities.

    In the final analysis it is what is good for the present society that matters. New wine cannot be contained in old wine skins. That is the truth.

    This country is in the throes of major change. An old order has yielded to a new. Time and tide wait for no man. We are being borne on a new tide which the new face of inconceivable time. Even the Latin poet shouted out: O Tempora O Mores!

    An example that strikes me is the declaration made by Sarath N.Silva, that his decision in the case involving MR and the Tsunami funds was WRONG. Yet were we all carried away on the MR tide. A wrong decision was made for political expediency, a decision that had long term consequences. History revolves more (I would even say entirely) on WRONG decisions than on rightful ones. Society must accept that. Even the cliches ‘de facto’ and ‘de jure’ are concessions made to that reality, that there is no back-pedaling with change..

    The truth is that we are wafted on the winds of change. What could have been or should have been are more platforms for novelists and fiction writers.

    What happened and what is happening is apparently at least for the good of our present society. That is what counts. The rest is tinkling brass and sounding cymbal.

    Mario Perera
    Kadawata

  11. AnuD Says:

    The appointment of a Chief Justice become legal if the removal of the existing justice was legal.

    Secondly, this chief Justice has a list of accusations against him because of corruption mostly financial fraud and commercial fraud.

    thirdly, he had gone to meet Maithri and came back without success, has told RANIL Wickramasinghe that he would give decisions favouring the govt. that is not the end of the story.

    So, where do you begin to make the things correct, right and legal ?

  12. ranjit Says:

    Supporting MY3 means supporting EELAM because these rattlesnakes are doing things to satisfy Tamils and Muslims rather than the Majority Sinhalese. See the appointments to high posts in the Govt and the Ministers and Junior Ministers? They were mostly Tamils & Muslims. You cannot say MY3 Palanaya is good because they reduced the prices of few items here and there. It was a trick to get votes in the coming General elections nothing else. We cannot have Rajaratnam’s friends in all important posts just to satisfy Tamils. Those people were friends of LTTE in the past like UNP therefore we must open our eyes and ears and be alert to safeguard our beloved country.

    Ranil is the main actor in this Jarapalanaya and MY3 is just a puppet. America & England will give anything to Ranil to get their agenda run and that’s the reason he is in a hurry to get things moving by put in place all their agents and getting ready to hand over separate Kingdoms to his Tamil & Muslim friends. Sinhalese be aware of this dangerous guy who did more harm to our Motherland than any other leader in the past and wanted to do the same again in the future.

  13. Independent Says:

    Dear Ranjit,
    I beg you to watch “https://www.youtube.com/results?search_query=my3+1″ with an open mind- until the end. There are 3 parts.
    Do not reject this simple Sinhala Buddhist President who ordered to use 95% of previous president’s expenditure allocation ( which is around Rs. 10 billion ) to pay for the ” reduced the prices of few items here and there “. Give this man a chance. I am sure he will bring prosperity and happiness to all. Do not hate all other races. They too are human beings just like us.

    Dear Mario ,
    I find your comment very much refreshing and wise . Yes, I agree we must look at things in a different mindset , in order to accept or reject what would happen in the near future.
    I am shocked to find how the majority of commentators have rejected the majority of Sri Lankan’s choice. I am aware most these people reside in other countries enjoying civilized governance but hate to see Sri Lankans hoping to enjoy it.

  14. douglas Says:

    A CHANGE has begun.; but that is not permanent as some tend to think. A change takes place every moment and one must learn to adopt it and adjust to changing situations. On the contrary if anyone attempt to live in the PAST and refuse to “adjust” that person will never be happy and free.

    Now from yesterday, another SOCIAL change has been announced. NO more “His Excellency” and “First Lady”. So “Athi Uttama” and “Aariyah” will have to be abandoned. Now the song composers can relax and avoid using the words “Maha Rajanani” and “Aptath Rajeks Ethe” etc. Also the so called “Popular Artists” need not “trace” the ancestry of the President to the “Sakyah” wansa and avoid any relationship to Buddha clan.

    Also we have to begin to get accustomed to the changing “Political Culture” that I have described in my earlier comments in this web page. If anyone fails to admit and get adjusted to that change; so sorry, such people will not be able to get their freedom and happiness.

  15. Lorenzo Says:

    “Do not reject this simple Sinhala Buddhist President who ordered to use 95% of previous president’s expenditure allocation ( which is around Rs. 10 billion ) to pay for the ” reduced the prices of few items here and there “.”

    What?

    He reduced 90 BILLION rupees from the president’s allocation and REDUCED PRICES DRASTICALLY of ALL essential goods!!

    SLFP voters are MORE sensitive to cost of living and My3 KNOWS that. Now SLFP is in deep trouble UNLESS it sticks with My3.

    UNP gets credit for all this good work if SOME SLFP fools keep BLAMING My3.

  16. SenaD Says:

    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

  17. Nanda Says:

    I watched the video called “My3”, the interview. I think the statement “who ordered to use 95% of previous president’s expenditure allocation ” came from this.
    Very inspiring Mr. President. Good bye “His Excellency” together with his “Luxury” pack.

    Lorenzo,

    These are not “SLFP FOOLS”. These are the people belonging to the cult Namami Maha Raj.

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