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Up date: 44th CJ Mohan Peiris Marking Time Instead Of Resigning

Mounting pressure on Lankan Chief Justice to resign –

The Bar Association of Sri Lanka (BASL) and the Minister of Foreign Affairs Mangala Samaraweera are mounting pressure on the controversial Supreme Court Chief Justice, Mohan Peiris, to resign and make way for the re-instatement of his impeached and sacked predecessor, Shirani Bandaranayake.

According to the BASL, on January 9, the day on which it was clear that the incumbent Sri Lankan President, Mahinda Rajapaksa, was losing the Presidential election, Pieris was discussing with him ways and means of annulling the result.

“It is reiterated and emphasized that, it is absolutely essential for the Chief Justice and members of the judiciary to remain strictly separate and uninvolved in political and executive decisions,” a BASL statement said.

The BASL has since been boycotting the Chief Justice. He was not invited to the Asian Attorneys General Conference here on Monday.

Immediately after assuming office, Foreign Minister Mangala Samaraweera petitioned the Criminal Investigation Department (CID) to probe an attempt by Rajapaksa and his cohorts, including Chief Justice Mohan Peiris, to stage a military-backed coup. Subsequently, the Attorney General had sanctioned the investigation.

Legal Means

While applying psychological pressure, lawyers are also trying to oust Peiris on purely legal grounds. They maintain that there was no vacancy when he was appointed Chief Justice in 2013. Serving Chief Justice Shirani Bandaranayake had not been removed as per proper procedure, and therefore, there was no vacancy, argues BASL activist J.C.Weliamuna.

Explaining the flaw, lawyer and Tamil National Alliance (TNA) MP, M.A.Sumanthiran, said that Parliament had not passed an appropriate resolution – a proper address to the President seeking the removal of the Chief Justice on the basis of the findings of the Parliamentary Select Committee (PSC). What it passed was an old one which had set the impeachment process in motion.

Sumanthiran told Express that he had told parliament about this but the ruling party was in such a hurry, that the flaw was ignored.

Peries is resisting in the hope that Rajapaksa will come back after the April parliamentary elections.

“If he does not resign, he can be impeached. But that has to be done as per proper procedure,” said leading attorney K.Neelakandan.

Sri Lanka’s 44th Chief Justice Mohan Peiris has handed his letter of resignation over to Prime Minister Ranil Wickramasinghe a short while ago.

However, the chief justice handing over his resignature to the prime minister instead of the President is a notable incident.

Mr. Mohan Peiris was appointed as the 44th Chief Justice in Sri Lanka by the then President Mahinda Rajapaksa after he illegally impeached the 43rd Chief Justice Mrs. Shirani Bandaranayake.



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