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Shirani Bandaranayake’s removal was lawful: MR

2018-10-18 23:23:16
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Former President Mahinda Rajapaksa today said the removal of former Chief Justice Shirani Bandaranayake took place in a lawful manner during their rule as per the Constitutional provisions, and added however the removal of Mohan Peiris as Chief Justice by this government was unlawful.

Mr. Rajapaksa told a news conference that they had followed the procedure provided in the Constitution while removing former Chief Justice Bandaranayake by appointing a Parliamentary committee and calling for evidence.

“We have followed a proper and legal procedure in the removal of former Chief Justice Bandaranayake. Nobody can say that what we had done was illegal. If there is any illegal removal of a Chief Justice, it should be the removal of former Chief Justice Peiris by this government,” he said. (Kalathma Jayawardhane)

 

Video by Buddhi

 

Pix by Pradeep Dilrukshana


  Comments - 73

  • Mandayan Thursday, 18 October 2018 23:35

    See you didn’t learn the lesson yet. If what you did was leagaly and morally right, you wouldn’t be sitting as an MP but still reign as President.

    Reply : 14       157

    MODA BURUWA Friday, 19 October 2018 08:46

    From KEKILLE of course NOT from MEDAMIDULA I mean MEDAMULANA.

    Reply : 1       16

    Citizen Silva Friday, 19 October 2018 15:27

    First it was JRJ who abused the system and appointed a party man from outside as the CJ. When Neville Samarakoon started being a little independent JR almost impeached him and forced him to resign setting a bad precedent. Then MR taking a cue from JR and according to the procedure laid out in JR's constitution, impeached Shirani. Now the Yahapalanaya people together with some leading lights of the BASL at that time without adhering to any procedure or process removed Mohan Peiris who was lawfully appointed to the post. This I think is the worst precedent that is set in Sri Lanka's judicial history. Now hereafter any future government will be able to cite this good governance precedent to remove a CJ or a Supreme Court judge. Such tinkering with due procedure will only justify further tinkering in the future. What I cannot understand is that this bad precedent was set by a group of people who came to power promising to strengthen the institutions.

    Reply : 8       2

    Phottuwa Thursday, 18 October 2018 23:47

    what MR says is correct. Shirani was removed absolutely according to the proper procedure laid out in the constitution. it was the removal of Mohan Pereis by the yahapalana legal lunumiris that was absolutely unconstitutional and illegal. Like how the yahapalana fellows mess up in everything they set a very bad precedent by removing Mohan I such an illegal and unconstitutional manner.

    Reply : 160       24

    abc Thursday, 18 October 2018 23:57

    Oh sure everything he did was perfectly legal..

    Reply : 6       109

    Phottuwa Friday, 19 October 2018 00:11

    I don't agree with the removal of Shirani. But you have to accept that it was done according to the constitutional procedure. This government too could have followed the proper procedure when removing Mohan rather than using some thugs to surround his house

    Reply : 78       31

    Dont talk cock Friday, 19 October 2018 00:40

    Even the attempted coup after the election was quite legal

    Reply : 5       38

    Dhammika Friday, 19 October 2018 05:16

    Who are you talking about "KEKILLE KING¨ .

    Reply : 0       26

    Stan Friday, 19 October 2018 06:39

    Shirani's impeachment was unconstitutional so was Mohan's appointment. You need not constitutionally remove unconstitutionally appointed officials - Mohan Peries knew this and that's why he didn't approach the Supreme Court and went behind the president.

    Reply : 3       53

    Chux Friday, 19 October 2018 06:49

    Lawful to you and unlawful to our country

    Reply : 0       41

    Ralahamy Friday, 19 October 2018 07:35

    Mohan Pieris came through he back door, and he does not need a ceremonial farewell.

    Reply : 1       44

    Phottuwa Friday, 19 October 2018 07:46

    Can any of you please tell what the procedure that was adopted when removing Mohan was. Was there any procedure followed at all. Does it agree with Good Governance principles

    Reply : 22       7

    Tikiri Friday, 19 October 2018 07:58

    All those who are commenting here and abusing MR are typical Yahapalanaya windbags - just noise no argument. Can all of them answer these basic questions:1. What was the procedure followed when removing Mohan Peiris?2.Does that procedure agree with Good Governance principles?3. Will they approve if a similar way that was adopted when removing Mohan Peiris is carried out by a future government to remove a CJ or a SC judge

    Reply : 33       7

    Mandy Friday, 19 October 2018 08:19

    For pohottuwa and tikiri in above. Please read Stan - shirani removal illegal so Mohan appointment illegal and so latter needs no REMOVAL.

    Reply : 2       28

    Tikiri Friday, 19 October 2018 08:30

    Hey Mandy, Stan just says its unconstitutional like a typical Middle Class Yahapalanaya follower. He does not say why its unconstitutional

    Reply : 21       3

    TIKIRI MARI . Friday, 19 October 2018 08:54

    TIKIRI says All are abusing MR . How about MR abusing the whole country of 21 million and all its people and its national assets like Sri Lankan airlines during the 10 years in power.

    Reply : 3       35

    Sharon Friday, 19 October 2018 09:26

    Yes agree with you Phottuwa. The process was followed for the removal of CJ Shirani. Many people are confused with 'following the procedure' Vs. 'agreeing on removal'

    Reply : 21       4

    Abey Friday, 19 October 2018 14:13

    You are a simple boot licker

    Reply : 1       7

    Phottuwa Friday, 19 October 2018 14:42

    Sharon you understand it. The majority of the comments here are a real reflection of the typical Yahapalanaya mindset. They are just empty vessels who only know how to insult and abuse. None of them can come up with a proper argument.

    Reply : 9       2

    Arthur Friday, 19 October 2018 15:45

    Pohottuwa, Tikiri. Answer 1, no procedure was required for removal of Mohan Peiris, because the appointment itself was null and void. This is because on the day parliament passed a motion seeking to remove CJ Shirani, what was in fact placed on the order paper was the same motion seeking to appoint a select committee to inquire into CJ's behaviour. Mr Lakshman Kiriella pointed out the mistake immediately after the voting. You can check this with the hansard. No motion had ever been passed to remove her. Answers to 2 and 3, do not arise.

    Reply : 1       6

    Dez Friday, 19 October 2018 16:41

    Is this democracy

    Reply : 0       1

    Tikiri Friday, 19 October 2018 16:42

    Arthur, It's a very lame answer. If that was the case why did the UNP which Kiriella represents vote during the vote on the motion. If what they raised was valid, they could have simply walked out without voting (against) like what the JVP did, objecting to the whole process. Although Kiriella raised it, once the Speaker ruled on it, the UNP and the TNA accepted the ruling and participated in the vote. Only the JVP walked out. Therefore it is clear that the vast majority of MPs who voted (for and against) by the act of voting and participating in it had accepted the process. Only the JVP rejected the process and walked out

    Reply : 1       2

    Arthur Friday, 19 October 2018 17:05

    Tikiri, that was the case, please read the hansard before coming back. The government voted for the appointment of a select committee and the UNP against. No motion was moved or voted on to remove CJ.

    Reply : 0       3

    Tikiri Friday, 19 October 2018 17:33

    What happened was when Kiriella and several other members raised objection about what was mentioned in the order paper, Parliament suspended and a party leaders meeting summoned. On resumption of proceedings the Speaker gave a ruling and it was the impeachment motion that was put to vote and the UNP and the TNA participated in the vote. Only the JVP walked out. The UNP and the TNA voted when the impeachment motion was put to vote.

    Reply : 2       2

    Arthur Friday, 19 October 2018 19:38

    Tikiri, sittings were suspended but no party leaders meeting was held. The speaker, Chamal Rajapaksa, announced that as the original motion submitted to him by MPs had the intention of the submission of a request to the President for removal of the CJ, announced that motion included in the order paper on that day was sufficient to forward a request to the President for the removal of the CJ. This is despite the fact that motion tabled on the order paper was for the appointment of a select committee. Parliamentary standing orders require any motion to be in the order paper and voting can only be on these.

    Reply : 1       1

    Tikiri Friday, 19 October 2018 22:51

    Arthur, in parliamentary practice when an issue of this nature arise it is the Speaker's ruling that holds. And therefore based on the Speakers ruling it was finally the impeachment motion that was put to vote. The UNP and the TNA voted on that motion. If they did not agree with the Speaker's ruling they should have walked out like the JVP. They did not do that and participated in the vote on the impeachment motion which means they adhered with the Speaker. Therefore Shirani B was impeached with an absolute majority of MPs voting both for and against at her impeachment motion and it was passed in the constitutionally stipulated manner. Nothing illegal or unconstitutional.

    Reply : 3       0

    Ravi M Thursday, 18 October 2018 23:52

    This message is alone shows that you have not changed and you will not forever. There is a saying that adults behaviour never changes and therefore you cannot be t trusted anymore

    Reply : 10       98

    Podi Athula Friday, 19 October 2018 00:03

    Whether we like it or not and approve of it or not, the government at that time followed the constitutional procedure to the letter when Shirani Bandaranayake was impeached. However when this government came to power the yahapalana black coat brigade at Hulftsdorp removed Mohan Peiris without adhering to any constitutional provision. It was absolutely illegal and has set a very bad precedent in the country. It has given justification for any future government to remove a CJ by just using a black coat mob.

    Reply : 60       23

    silly Friday, 19 October 2018 00:42

    We don't approve and don't want him back

    Reply : 1       21

    Podi Athula Friday, 19 October 2018 08:07

    So that means any future government that does not want a CJ can follow the method these Yahapalanaya guys followed to remove them. Now that a Good Governance precedent has been set

    Reply : 15       2

    TONY Friday, 19 October 2018 00:15

    HOW CAN YOU FOLLOW PROCEDURES FULLY WHEN YOU HAD GIVEN ONLY ABOUT 4 DAYS TO THE INVESTIGATORS WITHOUT GIVING SUFFICIENT TIME TO GIVE ANSWERS. COME MR DO NOT TALK BULLSHIT

    Reply : 7       68

    Phottuwa Friday, 19 October 2018 00:30

    What was the procedure that the yahapalana legal lunumiris followed when Mohan was removed

    Reply : 52       10

    Mandy Friday, 19 October 2018 08:22

    No procedure required for Mohan - he was Non Est. Shirani was not removed legally so Mohan as CJ dores not exist - so no removal.

    Reply : 2       25

    Phottuwa Friday, 19 October 2018 08:40

    Mandy you are a typical Yahapalanaya bull in the China shop. As it is usual with Yahapalanaya guys does not know the law, the constitution or even the procedure. But talks big like they know everything

    Reply : 15       3

    Piranha Friday, 19 October 2018 09:04

    All MR and joint opposition can do is talk bullshit!

    Reply : 1       20

    De Silva Friday, 19 October 2018 00:17

    My foot

    Reply : 5       36

    MODA BURUWA Friday, 19 October 2018 08:43

    Which one LEFT or RIGHT .

    Reply : 4       6

    CT Friday, 19 October 2018 00:21

    Not only the removal of Mohan Peiris, even the removal of D.M.Jayaratne and Ranil taking oaths as PM soon after Sirisena took oaths was illegal. Ranil did not have a parliament majority then

    Reply : 53       17

    Lal Friday, 19 October 2018 06:24

    There is no law saying you need parliamentary majority to be PM.

    Reply : 2       23

    Tikiri Friday, 19 October 2018 08:13

    Ha..Ha.. like how according to Yahapalaya good governance principles there is no procedure and law to remove a CJ. You only need a gang of black coat stooges to walk into Supreme Court building and seat her in the CJ's chair

    Reply : 15       5

    Bala Friday, 19 October 2018 09:33

    Yes Lal is right. You show majority after appointment in the Parliaments first sitting.

    Reply : 2       8

    disgusted Friday, 19 October 2018 00:36

    The comments show that slaves want to be slaves always, and are yearning for this despot to return.

    Reply : 1       24

    Baiya Friday, 19 October 2018 08:23

    This sort of comments are only made by followers of the Yahapalanaya religion preached by the likes of Prof. Buffalo Wije and the know all We-Angoda

    Reply : 19       2

    Wise Donkey Friday, 19 October 2018 01:14

    What about the 'Silredi case' also lawful?

    Reply : 2       22

    Aney yako Friday, 19 October 2018 01:27

    Want to talk about what's illegal, it's ironic that people have forgotten about the white van disappearances, killing of an innocent rugby player, etc... killing of innocent human beings is what is illegal!

    Reply : 1       24

    C.K.Lankaputhra. Friday, 19 October 2018 01:48

    I dont know how, he must spit on himself.

    Reply : 1       17

    manel Friday, 19 October 2018 02:23

    The following too were lawful. Murderers of journalists, selling Shangirila land to chinks, Avant Gard deals, saving drug dealer in Negombo from STF and CPC hedging deals and many other crooked deals were all lawful.

    Reply : 1       23

    RP Friday, 19 October 2018 02:43

    If Shirani removal was illegal, then there is no vacancy for Mohan and there was no need to remove him, as when the illegality was acknowledged and she was given her place Mohan goes home

    Reply : 1       16

    Tikiri Friday, 19 October 2018 13:32

    The question is how was the removal of Shirani illegal. Can someone please enlighten us as to how the removal of Shirani was illegal and unconstitutional

    Reply : 3       4

    Kapati Satakaya Friday, 19 October 2018 02:49

    Removing a CJ of a country by a Court comprised of jokers like Weerawansa and briefless KALU COATS CANNOT BE CALLED CONSTITUTIONAL ONLY SOME IN THE JO WILL AGREE WITH HIM,To the master bluff God Kabaragoya flesh is also Talagoya flesh when it suits him.He fails to tell how the son got the Kalu Coat and how he disgraced the hallowed position of CJ by getting her to descend from her seat to pose for a picture with them

    Reply : 2       22

    Cookoo Friday, 19 October 2018 02:53

    MR,MODAWANSA,GLP,BABY NAMAL are living in cookoo land.

    Reply : 2       21

    Jude Friday, 19 October 2018 06:18

    Hey MR everything you did was Lawful !! Yeah, even NEPOTISM and robbing the treasury, you did it the lawful way!!! However, CJ Shirani B. became increasingly tough nut to crack so you got rid of her!!! Then CJ Mohan Peiris was a disgrace for the whole judiciary, because you was using him like a Rubber Stamp !!oooch!! Huh!!

    Reply : 1       19

    Shiva Friday, 19 October 2018 06:49

    It took more time to remove CJ SB thus creating people debate in public and it is certain that previous government followed correct constitutional procedure but CJ MP was removed instantly

    Reply : 10       2

    Sambo Friday, 19 October 2018 07:21

    Dear Mr. MR. It seems everything that you and your government did is correct and every one else is wrong now,if so why did you loose the elections. You and your gang are double hypocrites.

    Reply : 2       15

    joshua Friday, 19 October 2018 07:39

    Nice to see WW and GL seated next to MR. They have to hang on to his sarong for survival. In any case, if removal CJ was legal I think even the white van abductions, plundering the national assets, feeding the protestors with arrack and narcotics are all legal. Whatever, you say MR and his goons should be banished from the Parliament.

    Reply : 2       22

    rohana Friday, 19 October 2018 07:53

    comments from phottuwa shoud be MR's " henchayiyek" but the comments from dhammika and manel almost correct. They forgotten what they did when they were in power.

    Reply : 2       10

    Phottuwa Friday, 19 October 2018 08:01

    an absolute English speaking middle class Yahpalanaya comment. No proper argument. Just noise

    Reply : 13       4

    Tikiri Friday, 19 October 2018 07:54

    All those who are commenting here and abusing MR are typical Yahapalanaya windbags - just noise no argument. Can all of them answer these basic questions:1. What was the procedure followed when removing Mohan Peiris?2.Does that procedure agree with Good Governance principles?3. Will they approve if a similar way that was adopted when removing Mohan Peiris is carried out by a future government to remove a CJ or a SC judge

    Reply : 16       4

    Tinkiriya Friday, 19 October 2018 08:15

    Tikiri, can you answer my question first! Was it constitutional to buy a parliament majority to abuse power?

    Reply : 4       11

    Tikiri Friday, 19 October 2018 08:28

    Was it constitutional to appoint a PM who did not show a Parliament majority?

    Reply : 12       5

    Sharon Friday, 19 October 2018 09:30

    Niyamai. No Yahapalanaya can answer your questions.They are a confused.

    Reply : 14       5

    Rocky Friday, 19 October 2018 08:36

    Like Benito Mussolini Mahinda Rajapaksa never made a mistake. Being God Almighty who created Sri Lanka he can even play foot ball with it !He is the Law. The Word!Unto bloody Pohottuwas!

    Reply : 2       15

    Phottuwa Friday, 19 October 2018 09:24

    It is the Yahapalanaya guys who think like Musolini and act as if they are god by being a law unto themselves

    Reply : 11       3

    Dhammika Friday, 19 October 2018 10:53

    JUNGLE LAW.

    Reply : 0       4

    lion Friday, 19 October 2018 08:48

    very sad to see this man who brought srilanka in to a property of father son brothers click

    Reply : 4       12

    Vasa Friday, 19 October 2018 12:14

    Those who knoweth not that they knoweth are fools.let MR keep trying to fool the people. Some can be fooled all the time.but you cannot fool all the people all the time.

    Reply : 1       7

    Tikiri Friday, 19 October 2018 13:36

    No Yahapalanaya follower has still answered my questions. Can someone please enlighten us on the following matters without just insulting and abusing MR1. What was the procedure followed when removing Mohan Peiris?2.Does that procedure agree with Good Governance principles?3. Will they approve if a similar way that was adopted when removing Mohan Peiris is carried out by a future government to remove a CJ or a SC judge

    Reply : 8       2

    Nalin Friday, 19 October 2018 14:51

    Tikiri, my dear you surely must be related to "MARA" reading your comments. The irony is there are almost no Sri Lankan journalists who have the guts to question the procedure followed by "MARA" and his henchmen when they forcibly removed Shirani B from the post of CJ. The way MARA threatened the journalist from "Rupavahini and the day before he threatened Prison officials reflects the thug in him

    Reply : 1       4

    Tikiri Friday, 19 October 2018 15:58

    My dear Nalin. Without saying this and that about journalists questioning MR, can you simply state as to how the removal of Shirani B was unconstitutional and illegal and where the due process was not followed. And also would you be able to at least answer the three simple questions I have posted above abut the removal of Mohan Peiris

    Reply : 6       2

    MODA BURUWA Friday, 19 October 2018 16:39

    Is that my PET DOG TIKIRI because dogs were provided with air conditioned accomadation and imported pet food at temple trees during MARAs regime . So dogs swing their tails at FULL swing when they here the name RAJA.....

    Reply : 1       7

    Tikiri Friday, 19 October 2018 16:56

    This is another true specimen of the gobba yahapalaya clan. Knows only to insult, no substance

    Reply : 7       1

    S.P.Ramkumar Friday, 19 October 2018 21:35

    Yes Sir removal is legal but story behind the Seen is unethical. She came from judicial from her begining. However she was blessed as CJ. However her husband in private sector as a good performer. Yourgoodself appointed him as a Chair of NSB, used his for your benifits and put him in trouble. UNP ers wanted to resign CJ because of husband in your deal. CJ got angry and against you proposals. You did your power. Sir as Buddhist leave her alone, don't do any trouble her, Sir you must read Buddha's teaching. s a Hindu I always believe Karma will follow us.

    Reply : 0       4

    Sudath Saturday, 20 October 2018 08:28

    At the time of her removal, there were

    Reply : 0       0

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