Judiciary to experience a breakdown with appointment of a new CJ

Sunday, 13 January 2013

A constitutional legal expert said that there would be a breakdown in the judiciary if a new Chief Justice is appointed after sacking the current Chief Justice in an illegal manner.

The new Chief Justice would have to win the trust and confidence of a majority of the Supreme Court judges. There are currently 11 Supreme Court judges serving in the Supreme Court including the Chief Justice. The President has shown an interest in appointing Supreme Court judge Shirani Thilekawardena as the next Chief Justice. However Minister Basil Rajapaksa and several presidential advisors have proposed Supreme Court judge Sathya Hettige to the post. The President is also considering former Attorney General Mohan Peiris to the post as well.

Regardless of who is appointed to the post of Chief Justice, he/she would not be able to win the support of the eight remaining Supreme Court judges. Judges in the Court of Appeal, High Courts and other lower courts have already decided not to support the next Chief Justice. They believe that the neither the Chief Justice nor any other judge should be controlled by the government.

The Chief Justice is also the head of the Judicial Services Commission. It is the Chief Justice who is appointed in an arbitrary manner who would handle the promotions, transfers and taken disciplinary actions against the judges in the country.

Therefore, the entire judiciary would experience a breakdown if the judges around the country decide to ignore the Chief Justice.

It is tradition for the Bar Association of Sri Lanka to welcome the new Chief Justice. However, given the current scenario, the Bar Association would not be able to welcome the new Chief Justice. Hence, a breakdown in the country’s judiciary in the next few days would be inevitable.

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Family corporation clear the path for countries to interfere SL

Sunday, 13 January 2013 

The general secretary of the United National Party made a press release today(13).

UNP said that The family corporation would clear the path for countries to interfere in Sri Lankan affairs at the UN Human Right Commission.

The measures were taken to remove of the CJ by the President and Govt is not only act- constitutional, its is traitorous act which betrays the war heroes, says the UNP.

The President has neither legal rights to dismiss the CJ from office or to appoint a new Chief Justice and since the Impeachment Motion to remove the Chief Justice, Dr. Shrani Bandaranayke was not duly passed in Parliament