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RegisterIf Mohan Peris appointment is illegal what will happen to decisions he has taken as chi justice ?
I am not against Shrani B
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කිත්සිරි ද සිල්වා
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Shirani Bandaranayake is back!
Deegoda Gamage- Posts : 203
Join date : 2014-03-22
කිත්සිරි ද සිල්වා- Top contributor
- Posts : 9679
Join date : 2014-02-23
Age : 66
Location : රජ්ගම
I have already posted previously the answer to your question Sir on the same thread.
In two words, No Effect.
In two words, No Effect.
Deegoda Gamage wrote:If Mohan Peris appointment is illegal what will happen to decisions he has taken as chi justice ?
I am not against Shrani B
pushpakumara- Posts : 197
Join date : 2014-11-24
This is what I picked up on appointment and removal of CJ
Appointment
The appointment and removal of Judges of the Supreme Court is outlined in Chapter XV Article 107. of the Sri Lankan Constitution. It states that "the Chief Justice and every other Judge of the Supreme Court shall be appointed by the President of the Republic by warrant under his hand". Judges of the Supreme Court shall hold office until the age of retirement of sixty-five years. Article 109. describes appointments of an acting Chief Justice or Judge of the Supreme Court. [b]The President shall appoint another Judge of the Supreme Court to act in the office of Chief Justice when the incumbent is "temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from the country or any other cause" during such period. Each person appointed to or to act as Chief Justice or a Judge of the Supreme Court shall only take office and enter upon its duties after he or she takes and subscribes or makes and subscribes before the President, the oath or the affirmation set out in the Fourth Schedule of the Constitution.[4]
Removal of office
Judges of the Supreme Court shall hold office during good behaviour. Removal of a judge shall only proceed with an address of the Parliament supported by a majority of the total number of Members of Parliament, (including those who are not present), and then by an order of the President. Reasons for such removal should be on the grounds of proved misbehaviour or incapacity.
Where do we stand with regard to removal of SB , appointment MP and reappointment of SB again?
Was it MR is wrong/right on procedure on removal of SB or MS is wrong/right on procedure of appointment of SB and (removal) of MP? Now we are in dark with regard to whether MP is still the CJ or not?
Appointment
The appointment and removal of Judges of the Supreme Court is outlined in Chapter XV Article 107. of the Sri Lankan Constitution. It states that "the Chief Justice and every other Judge of the Supreme Court shall be appointed by the President of the Republic by warrant under his hand". Judges of the Supreme Court shall hold office until the age of retirement of sixty-five years. Article 109. describes appointments of an acting Chief Justice or Judge of the Supreme Court. [b]The President shall appoint another Judge of the Supreme Court to act in the office of Chief Justice when the incumbent is "temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from the country or any other cause" during such period. Each person appointed to or to act as Chief Justice or a Judge of the Supreme Court shall only take office and enter upon its duties after he or she takes and subscribes or makes and subscribes before the President, the oath or the affirmation set out in the Fourth Schedule of the Constitution.[4]
Removal of office
Judges of the Supreme Court shall hold office during good behaviour. Removal of a judge shall only proceed with an address of the Parliament supported by a majority of the total number of Members of Parliament, (including those who are not present), and then by an order of the President. Reasons for such removal should be on the grounds of proved misbehaviour or incapacity.
Where do we stand with regard to removal of SB , appointment MP and reappointment of SB again?
Was it MR is wrong/right on procedure on removal of SB or MS is wrong/right on procedure of appointment of SB and (removal) of MP? Now we are in dark with regard to whether MP is still the CJ or not?
yellow knife- Top contributor
- Posts : 6980
Join date : 2014-03-27
may be countries like these need more than two cjs
pushpakumara- Posts : 197
Join date : 2014-11-24
yellow knife wrote:may be countries like these need more than two cjs
Yes having 2Cj's will make yahapalanaya better, cleaner and tansparent
kass- Top contributor
- Posts : 470
Join date : 2014-02-27
even Injustice was done by MR in a legal way. MY3 clan acting like thugs. This is a gross violation of the constitution. If our president has the power to chase away a CJ like this MR would be the first to do it to SB. This is a really bad example, violating the constitution just to take personal revenge.
As I remember MP's supreme court over ruled the decision gave by SB against her removal. SB was removed by the parliament where the people's mandate has a representation. MY3 action is a clear dictatorship, even to do justice to a affected party these type of things should not be done.
MY3 could be taken to courts on these grounds very easily when he resigns after 05 years time for violating the constitution.
Now courts also showing their human nature, with out being so called independent status. This is a very bad move.
As I remember MP's supreme court over ruled the decision gave by SB against her removal. SB was removed by the parliament where the people's mandate has a representation. MY3 action is a clear dictatorship, even to do justice to a affected party these type of things should not be done.
MY3 could be taken to courts on these grounds very easily when he resigns after 05 years time for violating the constitution.
Now courts also showing their human nature, with out being so called independent status. This is a very bad move.
slstock- Veteran
- Posts : 6216
Join date : 2014-06-12
I am not a fan of how MR behaved ( or Mhoan P) in the last few years but am not fan of how MS did this either.
There should be much more transparency to back how this was carried out.
There should be much more transparency to back how this was carried out.
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