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Published Date: 06/02/2015 (Friday)

By: vickramabahu

Mr. Mohan Peiris claims that he never left, never resigned but was displaced. However when this matter was discussed in the National Executive Council, it was clear that Parliament never resolved to evict Ms Shirani Bandaranayke and never send such a resolution to the President’s office.  Dinesh Gunawardena alleged that, “The Government’s action had undermined the authority of Parliament, as it overturned a decision taken by the Legislature. Only Parliament can remove the CJ and not the President. There is procedure laid down for this to be pursued, and it must be followed”. That is exactly the point. It was President Mahinda Rajapaksa who has violated this procedure by taking steps to remove Ms Shirani Bandaranayke without a removal notice from the parliament. In spite of the fact that parliament voted for the findings of the Select committee which made Ms Bandaranayke guilty of three charges, no motion recommending the President to expel the CJ was passed and obviously no such recommendation was send to the President. But President Mahinda in typical fascistic manner gave an order to evict her and then proceeded to appoint Mohan Peiris as the CJ. Thus two illegal and high handed acts were carried out by Mahinda neglecting the Parliament. Executive committee of the Bar association has indicated that President Maithree could correct the mistake made by Mahinda, by  removing Mohan Peiris indicating that he has got there illegitimately. Hence make his appointment null and void, and then Ms Bandaranayke could come back as the legitimate CJ. After assuming power she could resign and leave judiciary with dignity and honor. National Executive Council agreed to this way out, from the tragedy that has struck the judiciary.

Next day every thing was done exactly as explained and finally Sri Pavan was appointed as the new Chief Justice; with much happiness and feeling of relief among the legal profession and within the national democratic movement that made this change possible. With all that Cristal clear, Dinesh accused that the Government had been influenced by the Bar Association of Sri Lanka (BASL), which acted to throw out Mohan Peiris using thugery! What a ridiculous statement. When Bar association appealed, masses who participated in the uprising that broke the hold of fascistic Mahinda regime came in large numbers to show mass support to the action approved by the National Executive Council.  Weerawansa has said there were many questions pertaining to the method used by the Government to remove Peiris. “We have no problem about Mohan Peiris being removed, if a motion was brought to Parliament for his impeachment and adopted by the House. We are not here to appear on his behalf, but our concern is the method used for his removal,” he said. However a motion of impeachment is necessary if there was a proper appointment given to Mohan by the President Mahinda. Unfortunately Mahinda has given a false appointment, after removing Ms Bandaranayke without a removal notice from the Parliament.

The sordid saga of an imposter, anther educated man without ethical behavior, has ended, but fascistic conspiracy is not yet over. So, he claims that he is prepared to fight to regain what he lost. But the truth is, he did not posses any thing, except the façade donated by deposed fascistic leader Mahinda. The impeachment drama and the venom and the unreason with which the Rajapaksas acted become perfectly explicable within the context of fascistic rule. At the beginning, like many others who believed in Mahinda’s bogus patriotism, Shirani Bandaranayke, as a Supreme Court justice and as Chief Justice, bent over backwards to satisfy Rajapaksa political demands. She headed the benches which approved the 18th Amendment in just 24 hours and rejected petitions against Leadership Training and the blocking of anti-government websites. But all that loyalty counted for nothing in the end. She made one ruling against Rajapaksa, in the case we (Azath and Bahu) filed against Divineguma, because the 13th Amendment is crystal clear on the matter and she did not want to indulge in false march. The fascistic regime launched volley after volley of dragon fire at her. The Supreme Court, had it approved the Town and Country Planning (Amendment) Bill or the Divineguma Bill, would have acted in barefaced violation of the constitution. But chauvinist Mahinda regime saw the threat to their economic projects tied up with global capitalism. Only a man or a woman who is willing to abandon honor, dignity and conscience can be tolerated.

 Thus the political battle started. CJ Bandaranayke stood like rock-solid and the judiciary putting up a valiant fight to defend the rule of law. Their spirited resistance provided the democratic forces with a platform to wage their own battle against the impeachment, for judicial independence and for basic rights. The constitutional logjam did not resolved on the basis of law; it was shattered by the use of fascistic political power. The fascistic regime did not abide by the Supreme Court ruling, because doing so would have created a precedent that could undermine their power project. So she was kicked out. The CJ Bandaranayke and the judiciary went as far as they could. The task of impeding the regime from violating the Supreme Court ruling and rule of law in general belongs to the patriotic mass uprising. Even today it is active with the proletarians leading, other oppressed following. They came out of darkness at noon, elements of political and civil society who have not succumbed to the fascistic politics of Mahinda and they did what was absolutely necessary. Yes, in the final analysis it is a political task.



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