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Reversing history in CJ removal debate: Justice Min. in quandary over Mohan Peiris

07 Apr 2021

  • ‘Correction’ options include new Act or Cabinet decision

  Following Minister of Justice President's Counsel (PC) M.U.M. Ali Sabry’s statement in Parliament that the removal of Mohan Peiris PC as the Chief Justice (CJ) in 2015 would be rectified, sources attached to the Justice Ministry told The Morning that the legal basis for such a procedure is unclear as of yet. “There is definitely a gap in the Constitution regarding this matter. An ad hoc mechanism could be considered in this instance, like an Act of Parliament. However, the precedent that this sets must also be considered,” one source attached to the Justice Ministry told The Morning yesterday (06). However, another source attached to the Justice Ministry told The Morning that although the reinstatement of Peiris PC would be unlikely, a decision by the Cabinet of Ministers could also be taken to rectify the removal. The Justice Minister, responding to a question by MP Premitha Bandara Tennakoon in Parliament on Monday (5), said that according to Article 107 of the Constitution, provisions and procedures regarding the removal of a CJ are contained in the Standing Orders of the Parliament, and that as such, a CJ can only be removed by the Parliament. Tennakoon further questioned Sabry PC, saying that the former Prime Minister Ranil Wickremesinghe had requested Peiris PC to tender his resignation on multiple occasions, even offering him a diplomatic posting outside the country. ““e would look to correct this mistake and I will consult Premier Mahinda Rajapaksa on the next course of action,” added Ali Sabry PC. Following CJ Dr. Shirani Bandaranayake’s impeachment, former Attorney General Peiris PC was appointed the CJ in 2013. However, the former United National Front-led Government that came to power in 2015 maintained that Dr. Bandaranayake’s removal did not follow due process, and as such, reinstated her to her former position. During the time, the former Minister of Foreign Affairs Mangala Samaraweera had stated: “Two years ago, a large contingent of military personnel occupied the Supreme Court (SC) complex, and from the early hours of the following morning, the SC was cordoned off, and riot squads, barricades and water cannons were put in place. All this and more was to enable Peiris PC to be driven into the Superior 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 CJ Dr. Bandaranayake lit candles in daylight. It was the beginning of darkness at noon.” However, at the time, Peiris PC also released a statement, saying that: “I have not retired, resigned or vacated my office of CJ, but, due to exertions by external forces, reinforced by an extrajudicial chain of events, I find myself displaced from office by an unconstitutional process, having functioned continuously in my appointment for over two years. There are times when might overtakes right and the helpless have to succumb to injustice”.


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