BASL Stands By Decicion
The Bar Association of Sri Lanka (BASL), in a statement yesterday, stood by its decision to remove Mohan Peiris as Chief Justice, saying his appointment was unconstitutional, null and void and of no force or effect in Law.
The BASL said that from 2013 onwards it had voiced the unwavering position that the purported removal of DrShiraniBandaranayake from the office of Chief Justice was unconstitutional, null and void and of no force or effect in law and therefore, the purported appointment of Mohan Peiris was unconstitutional, null and void and of no force or effect in law, since there was no vacancy in the office of Chief Justice. “In this connection, it should be noted that, although in terms of Article 107 (2) of the Constitution, the President can remove a Chief Justice only following both a Resolution moving for the presentation of an Address of Parliament and, thereafter, an Address of Parliament presented to the President for such removal, there was neither such a Resolution moving for the presentation of an Address of Parliament nor an Address of Parliament presented to the President for such removal, prior to the purported removal of Dr. ShiraniBandaranayake from the Office of Chief Justice. Therefore, the purported removal of Dr. ShiraniBandaranayake from the Office of Chief Justice was an absolute nullity and the purported appointment of Mr. Mohan Peiris, PC was consequently, an absolute nullity,” the BASL said. The BASL also noted that although in November 2012, there was a Motion presented to Parliament to appoint a Parliamentary Select Committee (PSC) to investigate allegations against DrShiraniBandaranayake and the PSC issued a Report in December 2012, the Court of Appeal quashed this Report of the PSC on 07th January 2013. Thereafter, on 10th January 2013, a second Motion was passed by Parliament which, in effect, sought to appoint a PSC to investigate allegations against DrShiraniBandaranayake and the then President purported to remove her from the Office of Chief Justice on the strength of this second Motion only. Thus, the BASL says the mandatory steps required by Article 107 (2) were not complied with and there was no Resolution or Address of Parliament, made to request the President to remove DrShiraniBandaranayake from the Office of Chief Justice.
“Therefore, the purported removal of Dr. ShiraniBandaranayake from the Office of Chief Justice was an absolute nullity and had no effect in Law and, consequently, the purported appointment of Mr. Mohan Peiris,PC was also an absolute nullity. The BASL has consistently maintained that MrMohan Pieris,PC was merely a de facto Chief Justice, or simply put, a person who was acting as a Chief Justice and not the de jure or ‘legal’ Chief Justice. The position of the BASL has been vindicated by the recent action of the Government which, having recognised the illegality and unconstitutionality of the purported removal of DrShiraniBandaranayake and the subsequent purported appointment of Mr. Mohan Peiris,PC has rectified the position,” the BASL added.
BASL also noted that, in terms of Article 119(2) of the Constitution, all Judgments and Orders of the Supreme Court, during the past two years, will remain valid despite the invalidity of the purported appointment of Mohan Peiris as the Chief Justice.
