‘I Still Am The Duly Appointed Legitimate CJ, There Might Be Violence If I Remain In My Chambers’ – CJ Shirani
Chief Justice Dr Shirani Bandaranayake
“Since it now appears that there might be violence if I remain in my official residence or my chambers I am compelled to move out of my official residence and chambers particularly because the violence is directed at innocent people including judges, lawyers and committed members of the public. The 16 years I have spent in the Supreme Court have been dedicated to uphold the rights of the people in this country. I have always considered it my solemn duty to protect, to the best of my ability, the life and liberty of human beings and the rights of children and their education. I have always acted to that end.” says Chief Justice Shirani Bandaranayke.
Shirani Bandaranayake
We publish below the full statement she made today;
I am the 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka. As the Chief Justice, I have an obligation and an unwavering duty towards the judges, lawyers and the citizens at large of my country.
I stand here before you today having been unjustly persecuted, vilified and condemned. The treatment meted out to me in the past few weeks, was an ordeal no citizen let alone the Chief Justice of the Republic should be subjected to. The 32 years of continuous service at the University of Colombo and the Supreme Court, during my 54 year lifespan, I have rendered in varying capacities towards my motherland, is rewarded unfortunately, in this unjust manner.
Though I was accused and arbitrarily convicted by the Parliamentary Select Committee, I have been vindicated in the bastions of the law.I take solace in the fact that, the due process and the rules of natural justice of which I was and continue to be an advocate and a firm believer, have been upheld by the superior courts of this country. The Supreme Court, acknowledged by the Hon. Speaker as having the sole and exclusive jurisdiction in interpreting matters relating to the Constitution, in its recent interpretation, unequivocally declared that the PSC and its proceedings therein were unconstitutional and illegal. Moreover, a Writ of Certiorari was issued by the Court of Appeal quashing the findings of the PSC. Therefore, the decisions of the PSC are ultra-vires, null and void and have no force or validity in law.
In the circumstances, in my country which is a democracy, where the rule of law is the underlying m threshold upon which basic liberties exist, I still am the duly appointed legitimate Chief Justice. It is not only the office of Chief Justice, but also the very independence of the judiciary, that has been usurped. The very tenor of rule of law, natural justice and judicial abeyance has not only been ousted, but brutally mutilated.
I have suffered because I stood for an independent judiciary and withstood the pressures. It is the People who are supreme and the Constitution of the Republic recognizes the rule of law and if that rule of law had prevailed, I would not have been punished unjustly.
The accusations levelled against me are blatant lies. I am totally innocent of all charges and had there been a semblance of truth in any allegation, I would not have remained even for a moment in the august office of the Chief Justice. I can stand before you today as the Chief Justice, a citizen and a human being, purely because of that very innocence.
Since it now appears that there might be violence if I remain in my official residence or my chambers
I am compelled to move out of my official residence and chambers particularly because the violence is directed at innocent people including judges, lawyers and committed members of the public. The 16 years I have spent in the Supreme Court have been dedicated to uphold the rights of the people in this country. I have always considered it my solemn duty to protect, to the best of my ability, the life and liberty of human beings and the rights of children and their education. I have always acted to that end.
I am compelled to move out of my official residence and chambers particularly because the violence is directed at innocent people including judges, lawyers and committed members of the public. The 16 years I have spent in the Supreme Court have been dedicated to uphold the rights of the people in this country. I have always considered it my solemn duty to protect, to the best of my ability, the life and liberty of human beings and the rights of children and their education. I have always acted to that end.
I thank all those who stood with me and the greater cause to fight for the independence of the judiciary.Even though I have not been meted out with justice today; time and nature will justify what I have done and what I and others who shared my beliefs have stood for. Many will come and many will go. What matters is not the person who is the incumbent custodian of this position. What matters is the continued existence of an independent judiciary.
Thank you.
Dr. Shirani A. Bandaranayake
The 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka
15 th January 2013
The 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka
15 th January 2013
Read the speech in Tamil here
Read the speech in Sinhala here
Dr. Saravanamuttu Files FR Against New CJ Appointment: Full Text Of The Petition
By Colombo Telegraph -January 15, 2013
SC (FR) 23/2013 was filed this morning by the Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu challenging the taking of steps purporting to fill the post of Chief Justice on the basis that in terms of a determination of the Supreme Court and a Judgment of the Appeal Court, there was no valid Parliamentary Select Committee finding against Dr. Shirani Bandaranayake on which she could be Constitutionally and legally removed. In terms of the Court rulings, she could only have been duly impeached by the passing of proper laws, rather than through Standing Order 78A of Parliament.
Dr Paikiasothy Saravanamuttu - CPA
Therefore, the Petitioners request the Supreme Court to hold that any steps by the Parliamentary Council to express any opinion on the name of Mohan Pieris, PC and any steps by Pieris to accept any purported appointment, act as or exercise any functions of the office of Chief Justice involves violation of the Constitution, and the equal protection of the law guaranteed to the citizens of Sri Lanka under Article 12(1) of the Constitution. The Petitioners also urge the Court to grant a Stay Order preventing Pieris from accepting the position of, acting as or exercising the functions of the Chief Justice unless and until a valid vacancy is created for the position.
Lawyers for the Petitioners had urged through a Motion that in view of the grave urgency the case which was filed this morning be listed for support today itself (15.01.2013) before any bench of the Supreme Court. However, the case was not listed for support today.
In the meantime, Pieris was able to take oath before the President around midday today.
When FR cases are filed, usually 3 dates are tendered for grant of a date to support for leave to proceed and any interim relief. The other 2 dates given are 16.01.2013 and 17.01.2013.
In the meantime, many lawyers protested in Hulftsdorp and held lit candles in broad daylight, to signify that a great darkness has fallen over Hulftsdorp even in broad daylight with the President and Government willfully
Sources said that the Petition, filed through Attorney at Law Namal Rajapakshe is to be supported by Senior Counsel M. A. Sumanthiran with Viran Corea, Suren Fernando, S. A. Beling and Luwie ’Ganeshathasan.
Read the full text here
