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Lawyers consider writ of quo warranto against ‘new’ CJ

14 January 2013 02:16 pm - 11     - {{hitsCtrl.values.hits}}

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The Lawyers’ Collective headed by Dr. JayampathiWickremarathne while claiming that they would not accept the 'purported' appointment of a new Chief Justice said  a writ of quo warranto could be taken against any person accepting such appointment.

Speaking at a specially convened press conference, Dr. Wickremarathne flanked by senior lawyers SrinathPerera PC, J.C. Weliamuna, Kumar Rathnawel, Chandrapala Kumarage and a host of other lawyers said the dismissal and appointment of a another person to the Position of Chief Justice was illegal.

“It is entirely illegal and any citizen can seek a writ against any person who accepts such an appointment. The writ is sought against the person benefiting from such appointment and not the President who is immune from such action under article 25 of the constitution” he said. “The writ is sought to question the authority under which the new person would be acting.”

Speaking further, Dr. Wickremarathne explained the consequences of such an unconstitutional appointment stating that the validity and legality of any decision made by such an appointee is questionable.

“The purported appointee will also be ex-officio Chairman of the Judicial Services Commission which has all the authority to effect transfers and take administrative actions affecting the judiciary. All of these actions can be deemed illegal because the appointment itself is illegal and unconstitutional” he said.

All lawyers present reiterated that they would continue to respect the Chief Justice Dr. ShiraniBandaranayake as the Chief Justice of the country and stated that the sacking and new appointment was illegal.

Lawyer ChandrapalaKumarage said according to rumours the new appointee was a person at the helm of the Attorney General’s Department.

“During the past few years the Attorney General’s Department took back cases against politicians accused of murder and other such activities. This is the sort of person that the government is considering to appoint to the helm of the judiciary” he said.

SrinathPerera PC, urged the country to unite in what he termed ‘the darkest hour of our lives”

J. C. Weliamuna  said  the current Chief Justice had faced the worst trial in history ever faced by a judge.

“We salute her for her courage and will stand by any decision she takes. She faced the worst trial in history which was faced by any judge. Nowhere in the world has this sort of trial against a judge taken place. We have faced threats and intimidation during the past few weeks.  The judges have also been intimidated but we will go on with this struggle towards an independent judiciary” he said.(By HafeelFarisz)

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  Comments - 11

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  • Iqbal Monday, 14 January 2013 10:55 PM

    The new 'CJ' will be a rubber stamp of the president.

    Lion Tuesday, 15 January 2013 12:38 AM

    Well done sir the whole country is with you all.

    One Gang Tuesday, 15 January 2013 12:54 AM

    This is the same group who unsuccessfully sought the help of United Nations to stop the Vanni operation in 2009.

    MalcomX Tuesday, 15 January 2013 01:27 AM

    faith, hope and justice as the 5th col. recounts

    jUNIOR cITIZEN Tuesday, 15 January 2013 01:53 AM

    Goons, My FOOT ! --There are 'GOONS' paid by Lalith Kothalawala's billions, using poor depositors money, to continue protest apart from Dollars flowing in to NGO funds.

    Vernon Monday, 14 January 2013 02:31 PM

    Hope MP will realize at least now the gravity of the hasty, ill-advised and dictatorial decision and steps he has taken, and will take necessary steps to avoid this deadlock. The entire country (except his goons) realize that it was a case political victimization. If CJ was at fault then a fair trail should have been given. We all the independent citizens (except his goons) realize that a fair trial was not held and this is pure political vengeance.

    Real Peace Monday, 14 January 2013 02:44 PM

    It's a war between educated and civilised people vs uneducated thugs....!! Consequences could be very damaging for the country....!!

    Imran Hussein Monday, 14 January 2013 02:56 PM

    We too salute the CJ for her courage and majority of the people (those who with some brain) stand by any decision she takes.
    Keep up the fight Sirs. You guys are a brave bunch.
    By the way one can argue that the President cannot enjoy immunity anymore since he had broken the constitution during this case. Its a complete breach, isnt it?

    Lucky Weeramantry Monday, 14 January 2013 03:03 PM

    Teach This Govt A Lesson. We Need The Peoples Power

    Roshan Tuesday, 15 January 2013 06:06 AM

    Yes, anybody who oppose the Govt is included in this group.

    Puswedilla Tuesday, 15 January 2013 12:00 AM

    lawyers in this country are a bunch of sheep tied by their tails they will only shout baaaaa .... and moment the Wolf comes they will run after the shepherd via DM Android App


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