Reports of CJ’s resignation false – spokesman

[Ethical TraderTop contributor]

Reports of CJ’s resignation false – spokesman
January 22, 2015 08:47 am
Ada Derana

Reports that the Chief Justice Mohan Peiris has decided to resign are completely false, Spokesman for the CJ Attorney Wijeratne Kodipilli told Ada Derana.

Minister Rajith Senarathne yesterday claimed that Chief Justice Mohan Peiris has informed to Prime Minister Ranil Wickramasinghe of his intention to resign from the CJ post.

The Bar Association of Sri Lanka (BASL) was also mounting pressure on the Chief Justice to resign and make way for the re-instatement of his impeached and sacked predecessor, Shirani Bandaranayake.

The BASL expressed concerns over allegations that the CJ of had been present at the former President’s house on 9 January, while the results of the Presidential polls were being released.

The BASL alleged that Pieris was discussing with the former President ways and means of annulling the result, when it was clear that the former President was losing the Presidential election.

[slstockVeteran]

Accusation on the last 2 paras are not confirmed.

But if someone want to impeach it might be good grounds.

(If true anyway, that is a big breech of his credibility and he should be impeached.)

I read Gammanpila say he was not sure CJ was there during that night ( he did not spot as there were many)

[pushpakumara]

Accusation on the last 2 paras  are not confirmed.

But if someone want to impeach  it might be good grounds.

(If true anyway, that is a big  breech of his credibility and he should be impeached.)

I  read Gammanpila say  he was not sure CJ was there during that night ( he did not spot as there were many)

Just a matter of interest if you could brief why should CJ be impeached based on the last two paras as I am not that familiar with the judiciary system in SL.

[Ethical TraderTop contributor]

https://www.youtube.com/watch?feature=player_embedded&x-yt-cl=84359240&v=H-hb3DHso1A&x-yt-ts=1421782837

[slstockVeteran]

If you are truly asking , ET might be able to better explain this from the legal side.

Also I am not saying CJ Mohan did anything wrong ( as it is not proven and these are only rumors) but am answering your question only.

A CJ cannot be fired. He/she has to be impeached. That what happened to Shirani B ( right or wrong)

A CJ being the highest official of judiciary should be maintaining the highest level of impartiality and integrity.

If by chance ( the allegation are true ) that he was trying to be involved in stopping a democratic process ( election ) by showing partiality and through "wrong means" ( giving lawful advice to president is excluded I believe ) someone can bring an impeachment ( look at Shirani B case and the facts that were brought as impeachment ) and any issues along this line can be grounds for such

Again am not sure CJ did anything wrong or not yet.

ET over to you to explain further.

Accusation on the last 2 paras  are not confirmed.

But if someone want to impeach  it might be good grounds.

(If true anyway, that is a big  breech of his credibility and he should be impeached.)

I  read Gammanpila say  he was not sure CJ was there during that night ( he did not spot as there were many)

Just a matter of interest if you could brief why should CJ be impeached based on the last two paras as I am not that familiar with the judiciary system in SL.

[Ethical TraderTop contributor]

If you are truly asking ,   ET might be able to better explain this from the legal side.

Also I am not saying  CJ  Mohan  did anything wrong ( as it is not proven and these are only rumors) but am answering your question only.  

A CJ cannot be fired. He/she has to be impeached.  That what happened to Shirani B ( right or wrong)  

A CJ  being the highest official of judiciary  should be maintaining the highest level of impartiality and integrity.

If by chance  ( the allegation are true ) that he was trying to be involved in  stopping a democratic process  ( election ) by showing partiality  and through "wrong means"  (  giving lawful advice to president is excluded  I believe )  someone can bring an impeachment ( look at Shirani B case and the  facts  that were brought as impeachment ) and any issues along this line can be  grounds for such

Again am not sure CJ did anything wrong or not yet.

ET over to you  to explain further.

Accusation on the last 2 paras  are not confirmed.

But if someone want to impeach  it might be good grounds.

(If true anyway, that is a big  breech of his credibility and he should be impeached.)

I  read Gammanpila say  he was not sure CJ was there during that night ( he did not spot as there were many)

Just a matter of interest if you could brief  why should CJ be impeached based on the last two paras as I am not that familiar with the judiciary system in SL.

Yes it is the Parliament which could impeach the CJ after appointment and no other. Once this is done President can remove the incombant CJ & appoint a new one.

By impeaching a CJ the Parliament expresses its view that it has lost faith in him and the incumbant CJ is ubable to perform his duties as per the Constitution owing to the reasons stipulated in the impeachment motion. Reasons that can be cited may veary according to the circumstances but generally insanity, ill-health, illegal acts done, discrediting the post and not-upholding its highest standards etc may invite such a motion. The motion should have a certain number of signatures of serving MPs. Once the motion is submitted, proper impartial procedure need to be followed to findout whether alligations are true and then parliament can go ahead with the motion.

Aparantly, proper procedure was not followed in case of CJ Shirani Bandaranayake owing to a loop-hole in the constitution. As the Parliament can set its own procedure they followed a short cut by obtaining a report from a committee of MPs. This is like the complainant himself making the judgment. Actually proper procedure would have been to appoint a retired judge to investigate the alligations.

Think of the predicament if the very same MPs who signed the impeachment motion against CJ Shirani Bandaranayaka were to sign the new motion we discuss here leading to re-instatement of the impeached one? The credibility of the Parliament is at stake.