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Wednesday, January 28, 2015 - 16.33 GMT

Process of removing CJ Shirani Bandaranayake and appointing Mohan Peiris instead was null and void in law

 

Dr Shirani Bandaranayake has resumed duties in the office of Chief Justice as there had been no legal removal of her from the post. The process of removal of Dr Bandaranayake in January 2013 and appointing Mr Mohan Peiris instead as Chief Justice was null and void in law.

Presidential Media Division stated that there was no valid resolution passed in Parliament for the removal of CJ Shirani Banadaranayake from office and the entire process followed was grossly flawed in law.

In early 2013, a resolution was moved in Parliament to appoint a Parliamentary Select Committee (PSC) to remove Chief Justice Shirani Bandaranayake from office. Accordingly a PSC was appointed and its decision was that there were insufficient charges to remove CJ Bandaranayake from office.

The report of the PSC was presented to Parliament on 8th January 2013.

Subsequently, the PSC report was debated in Parliament on January 10th and 11th, 2013 and adopted as a resolution.

However, the resolution so adopted only stated that a Select Committee had been appointed. This is made clear by the letter dated 11th October 2013 sent by the Hon Speaker of Parliament to the then President.

Although a resolution had not been passed under the Clause 107(2) of the Constitution to remove the Chief Justice, the then President purportedly removed Dr Bandaranayake from the Office of Chief Justice and purportedly appointed Mr Mohan Peiris to that office.

As no resolution had been passed under the Clause 107(2) of the Constitution to remove the Chief Justice, Shirani Bandaranayake from that office, the said removal of her and the subsequent supposed appointment of Mr Mohan Peiris are both null and void in law is the constitutional position.

Presidential Media Division 28th January 2015




 
 
 
   
   
     
   
   

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Last modified: January 28, 2015.

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