BASL President tells the parachuted SC judge Priyantha Jayawardena, this is how it should be, my Load!

Upul Jayasuriya

''Since 2000 you have been at the private Bar. You have been a visiting Lecture at the University of Moratuwa. You have been a consultant to Sri Lanka Insurance and several government institutes. You have also been appointed a Member on several Government statutory boards.
It is with this environment, that your Lordship has been appointed to the Supreme Court from the Private Bar.''

Upul Jayasuriya, the President of the Bar Association of Sri Lanka

Sri Lanka: CJ 43 refuses to plead guilty or not guilty

CJ 43

Former Chief Justice Shirani Bandaranayake today declined to plead guilty or not guilty when the case filed by the Bribery Commission was heard in the Colombo Chief Magistrate’s Court on the grounds that her lawyers were not allowed full access to the bank accounts on which the case was based.

Sri Lanka: Hharassment and ill-treatment of prisnors amounting to the violation of their basic human rights

Bishop. Norbert Andradi

''However, as we were about to go to the Prison we were informed by the local prison authorities that Bishop Rayappu could not be permitted to enter the Prison unless they have orders from higher authorities in Colombo. I contacted Hon. Minister Ravi Karunanayake again who was to obtain the required permission for him. We waited for about three hours and since there was no reply Bishop Rayappu Joseph returned to Mannar. I sent in the Chaplin of the prison of Anuradhapura and he performed the religious rites. ''

Letter sent by Bishop. Norbert Andradi, Bishop of Anuradhapura to Chief Justice , Mohan Peiris  on obstruction of Bp Rayappu, Bishop of Mannar to visit the Tamil prisoners in Anuradhapura prison on Easter Sunday

Sri Lanka: Govt has made judicial service a ‘safe haven’ for political stooges - UNP

The UNP today accused the government of “unabashedly” violating long established traditions of the system and making the judicial service a safe haven for political stooges and henchmen. As part of its plan to emasculate the country’s judiciary, the Rajapaksa government has deliberately made a “mockery” of important appointments in the judicial system, the party said in a statement.  “The nearest example is the appointment of Priyantha Jayawardena as a Supreme Court judge above the heads of many eligible candidates, sending shockwaves across the entire judicial system of the country,” it said.

The survival of our civil life is in danger;the danger has never been clearer and its presence has never been more imminent

Upul Jasuriya

Key Note Address of the World Press Freedom Day Event organised  by SLPI and FMM
 

Upul Jasuriya, President Bar Association of Sri Lanka

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers” 

Sri Lanka: Henchmen to superior courts - Ravaya

Jayawardena

The President’s actions towards filling the vacancies available in Supreme Court have gained serious attention of the legal and judicial circles, reports 'Ravaya' newspaper.

According to the 18th amendment the power to appoint judges of the Supreme Court and Court of Appeal is solely vested upon the President and the appointment can be confirmed after the nominations are submitted to the Parliamentary Council.

The Organisation of Professional Associations of Sri Lanka opposes appointment of Attorney at Law as a Judge

The Organisation of Professional Associations (OPA) fully endorses the views expressed by the Bar Association of Sri Lanka (BASL) over the proposed appointment of an Attorney-at-law as a Judge of the Supreme Court. OPA extends its fullest support to the BASL in whatever action that BASL may take to oppose the said appointment. OpA notes that there are senior Judges of the Court of Appeal and senior officers of the Attorney General,s Department who are aptly qualified, suitable, independent and impartial, to be appointed to the highest Court in the Island and the proposal to appoint a junior Attorney-at-law for political expediency will further deteriorate the confidence and faith of the people in the judiciary.

Sri Lanka: New appointment against SC ruling: Ex-CJ

former Chief Justice Sarath N. Silva

Commenting on the controversy over the new appointment to the Supreme Court, former Chief Justice Sarath N. Silva said yesterday according to an existing ruling the appointment of judges should be done according to an existing judgement, the appointment of judges should be done only on the recommendation of either the Chief Justice, or the Justice Minister or the Attorney General or all of them.

“This is based on a ruling by Justice Mark Fernando in a case filed against the appointment of Shirani Bandaranayake to the Supreme Court,” Mr. Silva said.

Kamlesh Sharma, promises made to you, personally by the GoSL have been shamelessly, unrepentantly broken

Samaraweera: Sharma, act now

''We recall that you promised Sri Lanka would put plans in place to change its legislative procedures to remove senior judges within weeks of a key meeting of a Commonwealth Ministers Grouping (CMAG) in April last year. We were further encouraged by your announcement that the Commonwealth Secretariat will assist Sri Lanka in setting up a National Inquiry on Torture on the eve of CHOGM. Repeatedly we have been told that the Commonwealth Secretariat had in fact initiated a process that would bring the issue of national reconciliation under Commonwealth scrutiny and compliance.''

Mangala Samaraweera writes to Kamalesh Sharma

Sri Lanka:Petition against ITAK, the electoral vehicle of the Tamil National Alliance filed in Supreme Court

TNA talking to press at HRC 25 (© s.deshapriya)

A petition was filed in the Supreme Court yesterday, challenging the constitutionality of the Ilankai Tamil Arusu Kachchi (ITAK), the electoral vehicle of the Tamil National Alliance, under the controversial 6th Amendment to the Constitution of Sri Lanka.

The petitioner prayed Court to declare that ITAK is a political party, which has the establishment of a separate state, within the territory of Sri Lanka, as one of its aims and objects.

The 6th Amendment to the Constitution passed by the J.R. Jayewardene administration, resulted in the vacation of Parliament seats by the Tamil United Liberation Front, which was until then the de facto Opposition in the then Parliament.

Sri Lanka: Five-judge SC bench says President’s actions cannot be challegned in court

Rajapaksha: Abocve the Law

Petition against CJ’s appointment

A five judge bench of the Supreme Court yesterday declared that the President had legal immunity under article 35 of the Constitution of Sri Lanka and that his actions could not be challenged in Court.

The Supreme Court declared the judgment in respect of the fundamental rights violation application filed by the Centre for Policy Alternatives and its Director P. Saravanamuttu, who had complained of the appointment of Mohan Pieris as the Chief Justice subsequent to the impeachment of Chief Justice Dr. Shirani Bandaranayake.

Sri Lanka SC clips Northen Chief Minster Wigneswaran’s wings

C.V.Wigneswaran

The Supreme Court yesterday issued an Interim Order suspending the operation of the Administrative Standing Instructions of the Northern Province Chief Minister C.V.Wigneswaran.

The Bench comprising Chief Justice Mohan Peiris, Justices K.Sripavan and Sathya Hettige issued the Interim Order until the final determination of the fundamental rights petition filed by Northern Province Chief Secretary challenging the Chief Minister’s interference with her employment and his bid to remove her from office.

Vesting of police powers in the armed forces: BMICH cancels BASL’s booking for a forum

Armed to teeth

The administration of the Bandaranaike Memorial International Conference Hall (BMICH) in Colombo has suddenly cancelled a booking placed by the Bar Association of Sri Lanka (BASL) to conduct a public forum on the implications of a gazette notification to vest police powers in the armed forces.‘The booking had been made by paying an advance of Rs. 50,000 for the event on March 19, but we were told on Friday that the booking was cancelled as the President is visiting the BMICH,” BASL President Upul Jayasuriya told the Sunday Times.

Sri Lanka: IBAHRI backs Navi Pillay’s call for United Nations inquiry into alleged war crimes and human rights violations

Helena Kennedy: Investigate war crimes

The International Bar Association’s Human Rights Institute (IBAHRI) urges the UN Human Rights Council (UNHRC) to establish an independent and international inquiry into alleged war crimes and past violations of human rights law in Sri Lanka as called for by the United Nations (UN) High Commissioner for Human Rights, Navi Pillay, in a recently published report.  IBAHRI Co-Chair Baroness Helena Kennedy QC said, ‘Since the end of the conflict between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam, there has been a systematic dismantling of checks and balances on executive power. In the absence of an independent judiciary, the IBAHRI has noted on multiple occasions the inability of the Sri Lankan legal system to provide redress for alleged human rights violations and war crimes.’

SRI LANKA: The appointment and dismissal of judges is the sole privilege of the executive president

The judgement of the Supreme Court which was given last week held that the judgement of the Court of Appeal allowing the writ of Certiorari on the parliament of Sri Lanka was wrong. The simple argument of the five judges is that the parliament of Sri Lanka, like the parliament of Great Britain enjoys supremacy of parliament which excludes the possibility of any jurisdiction being exercised by the courts over anything that it does. The issue before the court was about the legality of the dismissal of the former Supreme Court judge, Shirani Bandaranayke who claimed that her rights had been violated as the due process of law was not observed in her dismissal.

Sri Lanka: Supreme Court overrules Appeals Court writ against CJ impeachment

Dharisha Bastians

 ◾5-Judge bench overturns Appeals Court writ against PSC findings in Shirani B impeachment

◾SC says Court of Appeal has no writ jurisdiction over Parliament

◾Overturns former Supreme Court ruling that PSC had no basis in law

◾Ruling does not validate impeachment: Weliamuna

The Government got one step closer to legalising the sacking of Chief Justice 43 Shirani Bandaranayake when the Supreme Court yesterday overturned a Court of Appeal writ that quashed the findings of a Parliamentary Select Committee (PSC) that probed impeachment charges brought against her.

The Sri Lankan justice system cannot ensure accountability for human rights violations and war crimes - ICJ

ATTACKS ON JUDICIARY AND LEGAL PROFESSION UNDERMINE THE RULE OF LAW AND PREVENT ACCOUNTABILITY WITHIN SRI LANKA  - ICJ statement
The Sri Lankan justice system cannot ensure accountability for human rights violations and war crimes because the judiciary has been deprived of its independence and impartiality, and lawyers suffer intimidation, hindrance, harassment and improper interference.

Law College principal sacked for alleged ‘examination irregularities, appointed as Legal Director of the President

This week, Sri Lankans were privileged to hear that the Principal of the country’s Law College who was summarily sacked for what is mysteriously termed in public as ‘examination irregularities,’ the nature of which is familiar to any person with a nodding acquaintance with the legal sphere, has been appointed as the Legal Director of the Presidential Secretariat by President Mahinda Rajapaksa (see Daily Mirror, February 1, 2014).

Sri Lanka: ‘Taming and vanquishing’ of the judiciary

Justice Sriskandarajah

Kishali Pinto Jayawardene
In the wake of the untimely demise of Justice S. Sriskandarajah, President of Sri Lanka’s Court of Appeal this week, it may be opportune to look at the state of the Sri Lankan judiciary one year after the 2013 impeachment of Sri Lanka 43rd Chief Justice Shirani Bandaranayake. The late Justice Sriskandarajah had presided over the Bench which quashed the findings of a Parliamentary Select Committee (PSC) on the impeachment. And has been observed in the wake of his death by others, this was a judge who had been successively overlooked by the President for promotion. At least in public perception, this bypassing was not entirely delinked from the part that the late judge played in that critical judicial process.

Sri Lanka: Lawyers’ Collective marks impeachment, blasts government

Stanley Samarasinghe
The Lawyers’ Collective held a media conference, at the Nippon Hotel in Colombo yesterday, to mark the first anniversary of the impeachment of the 43rd Chief Justice of Sri Lanka, Dr. Shirani Bandaranayake.
They named the day as ‘Black Friday’. One year ago today the Parliamentary Select Committee report, on the charges set out in impeachment motion against Dr. Shirani Bandaranayake, was accepted.