Last Updated : 02-09-2014 22:03

 

 
 

“CJ can continue to hear cases”

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On behalf of group of concerned attorneys, a senior counsel yesterday informed the Supreme Court that there is no legal or moral barrier for Chief Justice Dr. Shirani Bandaranayake to continue to hear cases while a motion for impeachment is pending in Parliament.

Writing to the Registrar of the Supreme Court, President’s Counsel K. Kanag-Isvaran stated there was no impediment of hindrance or moral issue for the Chief Justice to continue to preside over the Supreme Court as long as she held the office of CJ.  

“In my opinion there is no impediment,  or hindrance of whatsoever nature, whether as a matter of constitutional law or otherwise or of morality which prohibits and or otherwise obligates the Chief Justice to refrain from functioning and or presiding at sittings of the Supreme Court so long as she continued to hold the office of the Chief Justice,” the senior counsel stated.

He requesteded the Registrar to convey this opinion to the CJ Dr. Bandaranayake and other judges of the Supreme Court.

He was responding to the contents of a publication which insinuated the CJ should not preside at sittings of the Supreme Court in the present circumstances.

Senior counsel added  all right thinking people would agree that the intergrity of the institution of justice must be secured, preserved and safeguarded for now and for posterity. (Susitha R. Fernando)

 
 

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Comments 

 
-36+19 # Justin 2012-11-10 10:07
There is a moral barrier if she is approved guilty.
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-5+57 # misunderstood 2012-11-10 12:05
Mr Justin, no accused will be declared guilty until proven beyond doubt!!!
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-0+8 # Chandimani 2012-11-10 20:39
To both Justin and Misunderstood, How can the charges be proved? By whom? Complainants and Judges for the impeachment are same. Is that the natural justice? Can one hear his own case and can he make determination on his own case? May Triple Gem bless our judiciary !!! God, pleae lookafter our Judiciary !!!!
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-3+2 # Yehiya 2012-11-10 13:02
No, There are some history one case in Late Mr. Navil Samarakoon time.Its appear on behalf of clain Mr. Kumar ponnambalam. its totally judgement.
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-2+48 # Lobo 2012-11-10 10:10
Thats nice, hope some of the miscreant MP's cases come up before her for judgement.
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-9+48 # hks 2012-11-10 10:24
GO ON MADAM.... MAJORITY OF THE LOW ABIDING CITIZENS OF THIS COUNTRY (EXCEPT THOSE OPPORTUNISTIC POLITICIANS) ARE AND WILL BE WITH YOU!!
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-3+24 # Ravi C Sam 2012-11-10 10:42
Still in good behaviour and yet not proved of charges.

"Preserve demcocracy "
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-13+4 # Jagath Leanage 2012-11-10 10:44
Will there be a change of decissions for "JUDGEMENTS" because of impeachment is pending?
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-10+5 # ling 2012-11-10 10:56
How come CJ until now still cannot understand basic human fundamental and ethic? DM reader's favorite quote, " Miracle of Asia.
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-8+25 # The Goblin 2012-11-10 11:02
Keep fighting madam. do not back off, the world is watching!
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-5+27 # kautilya 2012-11-10 11:03
CJ should continue to preside the Bench as there are no barriers for her to refrain from doing so. Some journalist shopping to the government making hue and cry to destabilize her by writing various nefarious articles. to embarrass her knowing the fact that those charges against CJ are baseless and foolish.But the public blessing are with the madam CJ.
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-3+35 # frank hilary 2012-11-10 11:10
I think the charges against CJ does not appear to warrant impeachment given the publicly known enormous wrongdoings of the MPs who are going to sit as judges to prove the guilt. In the name of the law abiding and peace loving citizens of this sacred land, I believe, firstly, we should expel the shameful and disgraceful MPs who sit in the legislature of this country.
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-0+4 # Para 2012-11-11 11:50
Exactly. If Sri Lankan voters have a backbone they should stone and chase theses opportunistic disgraceful set of jokers when they go to their electorates.
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-2+20 # surasena 2012-11-10 11:12
"One is innocent until/unless proven guilty".
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-2+37 # GameKolla 2012-11-10 11:16
All allegations against MPs and Ministers too should be investigated and take legal action immediately.
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-2+0 # Ryan 2012-11-11 18:08
MP cases and CJ cases can not be compared even. CJ has to be ethical and unbiased oerson as a divine. Now our CJ has gone to dogs.
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-34+5 # Lankan 2012-11-10 11:27
This is a personal opinion by one lawyer. It just shows the real bankruptcy of this site to highlight this kind of rubbish...
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-4+26 # chithra 2012-11-10 12:12
Lankan - please note that Mr Kanag-Isvaran is a well respected
senior President's Counsel in the country. It is not the opinion by one Lawyer as you mentioned . He writes on behalf of concerned group of Lawyers.
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-0+4 # Chandimani 2012-11-10 20:46
Lanka, Do you know who is Kanag-Eswaran? Don't be a joker. DM is the only site the publication like this is published! !!
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-4+27 # MAN - MAN 2012-11-10 11:37
WELL DONE GRUP OF LAWYERS WHERE NECESSARY RAISE YOUE VOICE WITHOUT FEAR OR FAVOUR
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-5+21 # AMMATAHUDU 2012-11-10 12:12
DONT GIVE UP HON.CJ THE PEOPLE ARE WITH YOU AND JUSTICE . ITS ONLY THE HORU WHO ARE WITH THE POLITICIANS.
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-21+8 # Polkudu Chandrika 2012-11-10 12:13
Now, her judgement will be biased one way or the other. So whats the use of her still acting a s CJ. Another miracle of Asia/.
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-2+2 # Yehiya 2012-11-10 13:04
She is acting as proud to the critical time.Her big day is near with horse laugh.
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-0+3 # Chandimani 2012-11-10 20:48
Are yo mad Polkudu Chandrika? She cannot make any of her own decision. All the time, benches comprised at least with THREE judges. If she make her own, other two judges can nullify it. Please don't blame to our Supreme Court!!!
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-19+4 # jayampathi 2012-11-10 13:08
Her decisions may not be correct as she is under tremendous mental pressure, so I believe she should refrain from duty.
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-0+19 # sathis 2012-11-10 13:20
Go ahead and god bless you
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-2+22 # C. Seneveratne 2012-11-10 13:48
She is the legitimate Chief Justice of this land & nothing change
when it come to any thing pertaining to courts affairs.
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-2+15 # Dayan 2012-11-10 13:50
Whether CJ was to be found Guilty or Not Guilty as a result of these charges, they were 'MERE NON-DECLARATIONS' and GOSL didn't loose Hard earned Tax payers funds whereas Our Tax payers LOST millions in Dollars and Billions in Rupees by gambling on HEDGING DEALS and GREEK BONDS

Are we in process of formulating a Parliment Select committe when loose PUBLIC FUNDS?
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-0+0 # richardson 2012-11-10 20:56
Anay Good no ???
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-1+1 # richardson 2012-11-10 20:58
Anay she should be allowed to hear any number of case she likes to hear. After all she is still the big boss no ???
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-0+3 # amila 2012-11-10 21:01
Dear CJ,
Get united and try to repel these pests of politics including Mahinda.
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-1+1 # dujohn 2012-11-10 21:54
Lawyers are always raising their voices except occasions where Lawyers have their personal agendas and the judges who are subject to inquiries due to their defaults and casino incidents
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-3+1 # Kira 2012-11-11 03:06
How can she judge others, while she is been judge? . She broke the moral barrier real good this time.
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