Percy Mahendra’s brand of justice
I read with great amusement Percy Mahendra alias Mahinda Rajapaksa’s - Member of Parliament for the Kurunagala District - homily on the independence of the judiciary that appeared in the papers. Percy Mahendra quite correctly says “The system of promotion based on seniority and merit is one of the pillars on which the independence of the judiciary rests. Percy Mahendra demolished this pillar when several judges in the Court of Appeal were promoted over the head of Justice Sriskandarajah to the Supreme Court Bench.
In Percy Mahendra’s own words “We were pleased with the excellent services rendered by Mr. S. Sriskandarjah to the legal field of Sri Lanka. We know that he was highly respected in the field of law as a humble and simple person who adhered to the law and respected the independence of the judiciary”. The tribute Percy Mahendra paid to Justice Sriskandarajah was an acknowledgment of the fact that Percy Mahendra never wanted men of integrity and independence to adorn the Bench. This was well established when the late Justice Sarath Abrew was appointed to the Supreme Court Bench over the head of Justice Sriskandarajah.
Percy Mahendra says “On very rare occasions, past governments have appointed eminent members of the private bar as Supreme Court Judges. Former C.J. Neville Samarakoon and Justice Mark Fernando came into the Supreme Court in that manner. In the nine years that I
We were pleased with the excellent services rendered by Mr. S. Sriskandarjah to the legal field of Sri Lanka. We know that he was highly respected in the field of law as a humble and simple person who adhered to the law and respected the independence of the judiciary
was President, I appointed only one Supreme Court judge from the private bar”. In fact Percy Mahendra appointed three members from the private bar to the Supreme Court.
However, Percy Mahendra should be commended for not stating that the person he remembers appointing was an eminent member of the Private Bar. It was prudent for Percy Mahendra to forget that he appointed Mr. Mohan Pieris, then a member of the private bar, as Chief Justice. At a recent public meeting, the President stated that Mr. Mohan Pieris begged of him not to remove him from the office of Chief Justice and gave an undertaking that he would deliver judgements according to his wishes. In the discharge of his undertakings, Mohan Pieris was at Temple Trees on the night of the January
On very rare occasions, past governments have appointed eminent members of the private bar as Supreme Court Judges. Former C.J. Neville Samarakoon and Justice Mark Fernando came into the Supreme Court in that manner. In the nine years that I was President, I appointed only one Supreme Court judge from the private bar
8, 2015, presumably on the invitation of Percy Mahendra. By inviting Mr. Mohan Pieris to be present on election night at Temple trees, Percy Mahendra destroyed another pillar on which the independence of the judiciary rests. Percy Mahendra objects to his nominee and lap dog Mr. Mohan Pieris being chased out of office.
Did Percy Mahendra follow the due processes of law in impeaching Mrs. Shirani Bandaranayaka? Justice Sriskandarajah and two other judges of the Court of Appeal had the courage to hold that the Parliamentary Select Committee was a prima facie void and the law creating it was unconstitutional. Justice Sriskandarajah paid a heavy price in delivering this judgment. He was denied elevation to the Supreme Court Bench, which he richly deserved.
Percy Mahendra says that if the private bar was given the power to recommend the appointment of judges, this would corrupt the entire legal system. There is no evidence that the Bar Association of Sri Lanka has recommended the appointment of Mr. Kannan. It is far worse for politicians to appoint their poodles to the judiciary. Percy Mahendra forgets that Mr. Felix Dias appointed Mr. Jaya Pathirana, who had contested and lost the Kurunegala seat from the Sri Lanka Freedom Party, to the Supreme Court Bench, while Mrs. Bandaranayaka appointed Mr. E.R.S.R. Coomaraswamy, a strong supporter of the SLFP as Commissioner of Excise.
However, Percy Mahendra should be ever grateful to Mr. Felix Dias. It was he who introduced regulations which enabled Percy Mahendra to enter Law College without the requisite qualifications and subsequently become an Attorney-at-law. Therefore, he had the good fortune of apprenticing under the Late Mr. Tivanka Wickremasinge P.C. If the judiciary was corrupted, it was done by successive SLFP governments of which Percy Mahendra was a member. It reached its lowest depths under the presidency of Percy Mahendra.
Percy Mahendra says that the previous President of the Bar Association was the given plum political appointment as a reward for his services The services to any political party, be it the UNP or SLFP have always been rewarded, but not with judicial office except in the aforementioned instances. It is far worse to reward your family members like Jaliya Wickremasooriya, former Ambassador to the United States, now in remand for misappropriation of State funds and Udayga Weeratunga, a fugitive from justice, still in close contact with Percy Mahendra.