6 April 2021 12:00 am Views - 204
By Yohan Perera and Ajith Siriwardana
Action will be taken to rectify the removal of Mohan Peiris as the Chief justice in 2015 with the advice of Prime Minister Mahinda Rajapaksa, Minister of Justice Ali Sabry told Parliament yesterday.
Mr. Peiris was installed as the Chief Justice after the impeachment of then Chief Justice Shirani Bandaranayake on January 14, 2013. However, the Yahapalana government which took office in January, 2015 restored Ms. Bandaranayake in office on the basis that the due procedure had not been followed in the whole process at that time. Mr. Peiris lost the post accordingly.
At that time, then Foreign Minister Mangala Samaraweera said in a statement to the House that ,”Two years ago, on the night of Monday 14th January 2013, a large contingent of military personnel occupied the Supreme Court complex, and from the early hours of the following morning, the Supreme Court was cordoned off, and riot squads, barricades and water cannons put in place. All this and more to enable Mohan Peries to be driven into the Courts Complex through its “exit” – the most appropriate entry for a fake judge. Outside the Court gates, lawyers who had challenged the illegal and immoral eviction of Chief Justice Shirani Bandaranayake lit candles in daylight. It was the beginning of darkness
at noon.”
Present Justice Minister Sabry who was responding to an oral question raised by ruling party MP Pramitha Bandara Tennekoon said he will seek the Prime Minister’s advice on the unlawful removal of one time Chief Justice Mohan Peiris from his post and rectify it.
“Removal of Mohan Peiris was a violation of the Constitution and against the Standing Orders governing parliamentary businesses. Therefore it has to be rectified. I will seek the Prime Minister’s advise and correct it ,” he said.
He said a Chief Justice or Judge in the Supreme Court and Court of Appeal can only be removed through a motion signed by two-thirds of MPs in Parliament.
Mr. Tennakoon said the former Prime Minister requested Mr. Peiris to tender his resignation a few times and offered him the post of Sri Lankan Ambassador to Brazil and later offered another diplomatic post.