FR PETITION AGAINST MOHAN PEIRIS FIXED FOR 25TH

Appeal challenges his accepting the post of CJ

The Supreme Court yesterday (16) fixed to be taken up on July 25 the Fundamental Rights petition seeking an Order restraining President’s Counsel Mohan Peiris from accepting the post of Chief Justice and from exercising the functions thereof.

The matter came up before Justices Saleem Marsoof, Chandra Ekanayake, Sathya Hettige, Eva Wanasundera and Rohini Marasinghe.

Counsel M.A. Sumanthiran appearing for the Petitioner submitted to Court that to protect the dignity and the integrity of the Supreme Court, the person in- terested (i.e. Chief Justice Mohan Peiris) could not involve in the choice of the Judges to the Bench as he was a person interested in this case.

He submitted that a fuller Bench should be constituted under Article 132(3)(ii) of the Constitution.

The Petitioners, Centre for Policy Alternatives (Guarantee) Ltd., and its Executive-Director Dr. Pakiasothy Saravanamuttu cited Members of the Parliamentary Council Prime Minister D.M. Jayaratne, the Speaker Chamal Rajapaksa, Opposition Leader Ranil Wickremasinghe, A.H.M, Azwer and D.M, Swaminathan as well as Mohan Pieris and the Attorney General as Respondents.

M.A. Sumanthiran with Viran Corea and Suren Fernando appeared for the Petitioners. Deputy Solicitor General Shavendra Fernando with Deputy Solicitor General Sanjay Rajaratnam and Senior State Counsel Nerin Pulle appeared for the Attorney General. President’s Counsel Ronald Perera appeared for the 3rd and 5th Respondents.

The Petitioners are seeking a declaration from the Court that the respondents the members of the Parliamentary Counsel cannot (in their capacity as the Parliamentary Council and / or as members thereof) make observations to the President with regard to the appointment of a Chief Justice, unless and until Dr. Shirani A. Bandaranaike retires and / or unless and until she is found guilty by a competent court, tribunal or in-

The matter came up before Justices Saleem Marsoof, Chandra Ekanayake, Sathya Hettige, Eva Wanasundera and Rohini Marasinghe

stitution established by law.

They are also asking a declaration from the Court that the President’s Counsel cannot accept the post / office of Chief Justice and / or exercise the functions thereof, unless and until Shirani Bandaranayake retires and / or unless and until she is found guilty by a competent court, tribunal or institution established by law.

They are asking for a declaration that in the given circumstances, any act of acceptance by Mohan Peiris of any appointment to act or function as Chief Justice (unless Shirani Bandaranayake retires and/or unless she is found guilty by a competent court, tribunal or institution established by law and a Resolution is subsequently passed by Parliament calling upon the President to remove her from office), involves a violation of the Constitution.