Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Thursday, January 24, 2013

Leading silk (president’s counsel) and BASL were not there to grace the ceremonial welcome of Mohan Pieris as Thief Justice
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(Lanka-e-News -23.Jan.11.00PM) The ceremonial sitting that was held in breach of traditions that has been followed for well over 200 years was boycotted by Bar Association of Sri Lanka and all leading Presidents’ Counsel in the Country.

For the first time in the history the Ceremonial sitting to welcome new Thief Justice was held under heavy police protection as has never seen before.

Those who did not grace the occasion and notably absent President’s Counsel were Wijedasa Rajapakse, K. Kanag-Isvaran, Romesh de Silva, Ikram Mohamed, Srinath Perera, Dr. Jayampathy Wickremaratne, Geoffry Alagaratnam, Jayantha Gunasekera, Anil Silva, Ananda Wijesekera, Maureen Seneviratne, Rohan Sahabandu, Uditha Egalahewa, Prasanna Jayewardene, ,Maithree Wickremasinghe, Harsha Amarasekera, Nalin Ladduwahetty and Senior Lawyers S.L. Gunasekera ,I.S. de Silva.

A ceremonial sitting of the Supreme Court is traditionally organized after the Bar Association of Sri Lanka makes an official request for a ceremonial welcome of Judge who is appointed to the Supreme Court.

Without such a request there cannot be an official ceremonial sitting. In the case of appointment of Mohan Peiris as the Thief Justice the Bar Association did not make such a request and in fact passed a resolution unanimously at an extraordinary meeting where well over 3000 of the Lawyers participated that the BASL will not participate in any such ceremonial sitting.

A Ceremonial Sitting involves two traditional addresses – one by the President of the BASL (the head of the unofficial bar) and another by the Attorney General (head of the official bar) welcoming the new appointee to office. The President of the BASL and its members cannot participate in any ceremony to welcome Pieris in keeping with the resolution of the BASL general body. All Attorneys at Law are members of the BASL, including the officers of the Attorney General’s Department.

In keeping with that resolution the Bar Association and its members and leading Presidents 
Counsel who form the inner Bar did not grace the occasion.

There were pro Government Lawyers who are holding key posts in the Government Corporations and Departments who participated. There was not a single President’s Counsel with a standing who was willing to break the tradition and go against the resolution passed by Bar Association of Sri Lanka

However, breaking all traditions Razeek Zarook, President’s Counsel the recently appointed Chairman of the Bank of Ceylon, has made a welcome speech.

World judges condemn Sri Lanka on chief justice sacking

GENEVA | Wed Jan 23, 2013 9:20pm IST

Reuters(Reuters) - Leading judges and jurists from around the world, many from developing countries, on Wednesday condemned the Sri Lankan government's sacking of the country's chief justice, arguing it violated international law.
The 44-strong group, all members of the Geneva Centre for the Independence of Judges and Lawyers (CIJL), called for the immediate reinstatement of Shirani Bandaranayake.

At the same time, the head of the Geneva-based International Commission of Jurists (ICJ), which works to promote the rule of law, said the move had set Sri Lanka on the path toward authoritarian rule.

The judges' strictures were issued in a letter to Sri Lankan President Mahinda Rajapaksa and his brother, the speaker of parliament Chamal Rajapaksa from the ICJ and the CIJL.

It was the latest of a series of criticisms from independent organisations and United Nations officials in Geneva since President Rajapaksa last week dismissed Bandaranayake as chief justice and appointed one of his allies in her place.

"We are gravely concerned that the recent action to remove the chief justice have been taken in contravention of the (Sri Lankan) constitution, and international human rights law and standards, including the right to a fair hearing, and the rule of law," the letter said.

Former attorney-general Mohan Peiris, whom Rajapaksa named as new chief justice, was widely known "for consistently blocking efforts to hold state officials accountable for gross human rights violations," it said.

The parliamentary impeachment of Bandaranayake, on which the president based his decision to remove her, and her dismissal "disregarded international standards of judicial independence and minimum guarantees of due process and fair trial," it added.

ICJ Secretary General Wilder Tayler, a Uruguayan lawyer, said in a statement the Rajapaksa administration "has brought Sri Lanka within steps of authoritarian rule, dismantling the system of checks and balances and eviscerating judicial independence."

(Reporting by Robert Evans; Editing by Jon Hemming)