Removing Mohan, reinstating Shirani null and void: Sarath N Silva
Posted on February 4th, 2015

Courtesy The Daily Mirror

Commenting on the controversial removal of Mohan Peiris from the post of Chief Justice and the reinstatement of Shirani Bandaranayake as CJ is null and void, former Chief Justice Sarath N Silva said yesterday.

He said the proper procedure had not been followed even in the appointment of Ranil Wickremesinghe as Prime Minister.

Mr. Silva said if each new government set aside the proper procedure on matters of a fundamental character then anarchy would prevail.

Our supreme law is the Constitution; even the president has to uphold it and is subject to it. It upholds and separates the powers under Article 4. There is a special provision in the Constitution on the independence of the judiciary under Article 107 which provides for the appointment of the Chief Justice and the Judges of the Supreme Court and the Court of Appeal. They have to be appointed under the hand of the President. Removal too is in the same way, but under address to parliament and has to be preceded by an impeachment motion, then will proceed to 78A of the standing orders. There is a very clear procedure and we can’t depart from it whatever our perceptions of the person however fit or unfit they are for the office,” he said.

Mr. Silva said Dr. Bandaranayake was appointed by the President there is no question about it.

The Court of Appeal ruled that it must be decided on law and not on standing orders and the Supreme Court quite rightly overruled that on the basis that the Court of Appeal has no jurisdiction on parliamentary matters. Her removal was signed by more than 100 MPs, and though it may have had procedural flaws, it was an official act of parliament and the president receiving his mandate from parliament removed her. It is a valid removal and it stands thereafter whether we like it or not. That Chief Justice did not challenge her removal, nor did she contest the appointment of the new Chief Justice. The correct action was to bring a writ of quo warrantor and contest his holding the office, which she did not do,” he said.

Responding to questions about the involvement of the Bar Association in effecting the removal of the person holding the office of Chief Justice, Mr. Silva said there must be some limit on the involvement of the Bar in relation to such sensitive matters

The Bar going up in arms does not validate the removal of the Chief Justice. Only a court can use the words ‘null and void’ on the appointment and removal of judges. Moreover the Executive cannot use the words null and void because it is a matter to be decided by court, and as much as I greatly admire the new President even he can’t say this is right. Upul Jayasuriya has reportedly said he was the one who drafted the impeachment motion against me which never went through, and I have nothing against him. But there must be a limit to the involvement of the Bar in impeaching the apex judicial figure. Warrant of the President comes under the public seal of the republic, and now you can’t say its null and void because then what you are saying is that a sovereign act is null and void,” Mr. Silva said.

He said even Prime Minister Ranil Wickremesinghe was not properly appointed according to procedure as the former Prime Minister has to be removed according to the Constitution before appointing a new one.

It is under the Constitution that the Prime Minister holds office unless he’s removed by the President. He is the second citizen of the country and his appointment and removal must be specific. You can’t appoint two Prime Ministers nor can you remove one by conduct. It is a simple matter of removal, and the Constitution under Article 81 says that notice of removal must be given in writing before the new Prime Minister is appointed and this was not done. Rule of Law and due process- we have lost track of that and embraced this basic misconception of Rule of Law. Even I have received criticisms for judgments I have made. If it is legally correct then it does not matter if it political or not,” he said.(Jehan Gunasekara)

See more at: http://www.dailymirror.lk/62799/removing-mohan-reinstating-shirani-null-and-void-sarath-n-silva#sthash.0cNQ3lAb.dpuf

11 Responses to “Removing Mohan, reinstating Shirani null and void: Sarath N Silva”

  1. LANKAPUTHRA Says:

    Honorable Sarath N. Silva, all due respect to the Constitution and the Republic, you have made a clear point that who ever or what ever one does should be within the LAW of the LAND. And not a decision for an arbitrary negotiated third party satisfaction, namely the British government and White House satisfaction (President Obama). Obama lives in an imaginary world with the success of CUBAN POLICY. Now he thinks he owns SRI LANKA (read the New York Times article by his paid disinformation person). We must not forget it was Honorable Sarath N. Silva and the Brilliant Patriotic attorney S.L. Gunasekara, who got rid of the Traitor Chandirck Kumaranathunga. (I leave my comments in memory of late S.L. Gunasekara)

  2. Hiranthe Says:

    We have two PM’s and Two CJ’s

    We can achieve the fast track “Yahapalanaya” in two minutes like instant Noodles.

    What a lucky nation we are!!

    We have a Health Minister who owns a health related private business

    We have a Finance Minister who sold Sathosa last time and also with links to international rogue Raj Rajaratnum

    We have a Governor of Central Bank, who is a Singapore Citizen (not a dual Citizen I was made to understand)

    Previously we called it “Asiyawe Ashcharya”

    Now it looks like “Loketame Ashcharya”

  3. Lorenzo Says:

    VERY BAD MOVE.

    They badly wanted Sripavan to become CJ by hook or by crook.

  4. Christie Says:

    Namaste: We have a country free of fraud (finance and the economy) headed by the new head of the Central bank. Then Law and order headed by the Chief J Justice. Both ….Jai Hind.

  5. ranjit Says:

    It is very interesting to know all this Thanks Mr.Sarath for explaining fearlessly about the truth to the public like this.

    These traitors can fool uneducated but not the educated. They make us fools by giving Indian goodies for discounted rates and talking highly about it. They know that people can be fooled if you give some essential food items for cheap rates. Poor don’t think of the future or about the economy. Anyone can fool the poor people easily. Also they put tons of lies in to their heads and make them to believe the lies they utter by showing bogus pictures here and there. Their latest trick of the trade is that. Ranil is a master for these things. He gets all the assistance and the advise from his Master’s voice America. He took the Prime Ministerial post by force and in a hurry as you all saw it in the T.V. then they appointed a Tamil as CJ that is also in a hurry. They didnt have any courtesy to call Mr.Mohan Pieris and discussed about the matter with him and do the rest. They did everything like sacking a Manager in a retail shop. They are in a hurry for everything same as the Americans. One by one is visiting the island nowadays and having secret discussions which nobody knows. Thanks to MR these shit Americans were never allowed to interfere in our affairs before.

    Fear is in the air again because of the countries involved with this new Govt. America will never do good to anyone except they go to each country and help to break it in to pieces like in Sudan,Libiya,Syria etc. They are very supportive of Tamils and they might do something sinister to our country too if these traitors were allowed to rule my country. I hope and pray that our Sinhala Patriots will rise up against this wicked bunch of traitors and rescue our homeland before something nasty happen to it same like before.

  6. jay-ran Says:

    Yahapalanya has into effect,but affect the poor Sri Lankans who were MISLEAD BY THE FOOLS LIKE,Mage3(My3),RW the MURDERER,WHO HAD BATALANDA CHORTER CHAMBERS WHO ALLOWED HIS HENCHMEN TO INSERT NAILS TO A PATRIOTIC LAWYER!!! WHO KILLED A SINHALESE/TAMIL HONEST SIRI LANKAN NEWS TV READER!!
    This BASTERED President’s SON WHO ASSAULTED,HUMILIATED A DIG’s SON & HIS GIRL FRIEND IS NOW IN ENGLAND!!!
    IS THIS YAHAPALAYA???

  7. jay-ran Says:

    Sorry,I apolopgise for the above statement which is meant at another place!! However,
    Sarath Silva was very aggressive at MR’s Govt???
    Now HE SPEAKS FROM HIS Bxxx Sxxx!!!!

  8. Indrajith Says:

    Sri Lanka’s Marxist party public complaints unit receives complaint against President’s brother
    Wed, Feb 4, 2015, 09:07 am SL Time, ColomboPage News Desk, Sri Lanka.

    Feb 04, Colombo: The public complaints unit of Sri Lanka’s Marxist party, Janatha Vimukthi Peramuna (JVP) has received a complaint on the alleged involvement of one of President Maithripala Sirisena’s brother in illegal sand mining in the Polonnaruwa District.

    The complaint was handed over to JVP Western Provincial Councilor Lakshman Nipunarachchi by businessman Sujeewa Sudhasinghe, who engages in sand mining on a license received by the government.

    Sudhasinghe has stated that despite engaging in sand mining work on an official license received by the government, one of President Sirisena’s brothers had continuously obstructed his business and in some instances forcibly taken away consignments of sand while being kept for official inspection before distribution.

    According to the JVP Councilor, the businessman has requested for justice to be meted out to him and to be ensured the freedom to carry out his legal business.

  9. Marco Says:

    -We believe in Free Speech, Right of Expression that Creates Platform for Dialogue.-

    A reminder to the Moderator practice what you preach.

    My Last Comment on Lankaweb

    Best

    Chandra Marco Page
    Moderator- Thank you very much for participating. We have noted that Instead of posting comments you are carrying out a premeditated and organized propaganda exercise on behalf of the new government. By the way your Chandra Marco Page leading to an Indonesian blog and twitter account and can’t see any Sri Lankan relationship.

  10. Ananda-USA Says:

    Let us keep our beautiful and meaningful National Anthem of Namo Namo Matha just as it is!

    I have NEVER heard another National Anthem in the ENTIRE world that is as BEAUTIFUL and MEANINGFUL as Sri Lanka’s National Anthem of Namo Namo Matha.

    It EXPLICITLY identifies and gives advice on ALL the IMPORTANT things that I LOVE & TREASURE about my Resplendent Motherland.

    So, here it is in FULL for your enjoyment:

    Sri Lanka National Anthem

    Sri Lanka Matha,
    Apa Sri Lanka,
    Namo Namo Namo Namo Matha.

    Sundara siri barini,
    Surändi athi sobamana Lanka
    Dhanya dhanaya neka mal palathuru
    piri jaya bhoomiya ramya.

    Apa hata säpa siri setha sadana,
    Jeevanaye Matha!
    Piliganu mana apa bhakti pooja,
    Namo Namo Matha.

    Apa Sri Lanka,
    Namo Namo Namo Namo Matha.

    Obave apa vidya,
    Obamaya apa sathya,
    Obave apa shakti,
    Apa hada thula bhakti.

    Oba apa aloke,
    Apage anuprane,
    Oba apa jeevana ve,
    Apa muktiya obave.

    Nava jeevana demine,
    Nithina apa pubudu karan matha.
    Gnana veerya vadavamina
    Ragena yanu mana jaya bhoomi kara.

    Eka mavekuge daru kala bavina,
    Yamu yamu wee nopama,
    Prema vada sama bheda durarada,
    Namo Namo Matha.

    Apa Sri Lanka,
    Namo Namo Namo Namo Matha.

    English Translation:

    Mother Lanka – we salute Thee!
    Plenteous in prosperity, Thou,
    Beauteous in grace and love,
    Laden with corn and luscious fruit
    And fragrant flowers of radiant hue,
    Giver of life and all good things,
    Our land of joy and victory,
    Receive our grateful praise sublime,
    Lanka! we worship Thee.
    Thou gavest us Knowledge and Truth,
    Thou art our strength and inward faith,
    Our light divine and sentient being,
    Breath of life and liberation.
    Grant us, bondage free, inspiration.
    Inspire us for ever.
    In wisdom and strength renewed,
    Ill-will, hatred,
    strife all ended,
    In love enfolded, a mighty nation
    Marching onward, all as one,
    Lead us, Mother, to fullest freedom.
    Mother Lanka – we salute Thee!

  11. Ananda-USA Says:

    Dear LankaWeb Moderator,

    My heartfelt thanks! You have again DONE THE RIGHT THING discharging your DUTY to defend and protect our Motherland!

    I have worn your shoes as a moderator in the past, and have been forced to take SIMILAR ACTION to protect those things we hold dear, by denying a platform for those who wish to undermine and destroy our country.

    Some NAIVELY THINK that FREE SPEECH is an unlimited right to run amok exploiting the very system that enables those freedoms, to DESTROY it.

    It is not so. In every DEMOCRATIC SOCIETY there are RULES OF THE ROAD that must be OBSERVED. Those rules are set by those who wield power, usually lawmakers representing the democratic majority. Those who violate those rules suffer the consequences. There is always a conflict between FREE SPEECH and NATIONAL SECURITY with the pendulum swinging to and fro in favor of one or the other. In the USA, the Sedition Act of old, the more recent Patriot Act, and the latest legislation on the monitoring of phone calls and internet content and indicate the PRIORITY that Americans, quite rightly, place on National Security in the interest of National Survival. So must the Patriotic sons and daughters of Sri Lanka protect their Motherland.

    LankaWeb, from its very INCEPTION, was concerned with the defense and protection of our Motherland. Accordingly, to that end, it has a DUTY to discharge by preventing the use of its website for the purposes INIMICAL to the VERY SURVIVAL of Sri Lanka as a Sovereign Unitary Nation; the ONLY homeland of the Sinhala people.

    The ENEMIES of Sri Lanka throw “Free Speech”, “Democracy”, “Human Rights” and “Buddhist Values” in our face to RENDER US DEFENCELESS against their onslaught, while they exploit those very values to destroy the system that gives them those freedoms. We MUST NOT ALLOW THAT by falling prey to those Siren Songs!

    In that same way, the enemies toppled established governments in the Middle East, confusing the people, and transforming those countries into lawless anarchies, condemning their people to death, destruction, homelessness and despair.

    You would think that having suffered through 30 years of such pain ourselves, Sri Lankans would not let our guard down, to let it happen again. Yet, they have recently succeeded beginning that very process in Sri Lanka as well. Before the recent election, we saw a WELL ORCHESTRATED, CONCERTED EFFORT to disseminate REGIME CHANGE Propaganda on the INTERNET and elsewhere, to SOW DISSATISFACTION in the minds of WEAK MINDED GULLIBLE people; an effort that continues to this day.

    I am doing my part towards to stem that Tide of Anti-National Propaganda. I find NO JOY AT ALL in the particular approaches that I have been FORCED to take at LankaWeb in the defense of my Motherland; but as a Patriotic Son of Lanka, I MUST fight FIRE with FIRE.

    Please CONTINUE to Monitor these Anti-National Propaganda activists; and DENY them every opportunity to use LankaWeb as a WEAPON against our Resplendent Motherland.

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