Tamil Diplomat

President’s Office on Shirani’s resumption of office

The process adopted to remove Chief Justice Dr. Shirani Bandaranayake was contrary to the law and thus the appointment of Mohan Peiris PC to that post was invalid, the President’s Office stated in a press release. It further said:

‘ A motion was brought before the Parliament, enabling Parliament to make a recommendation to the President to appoint a Special Select Committee to remove Chief Justice Dr. Shirani Bandaranayake from her post. Subsequently, a Special Select Committee was appointed. The decision according to that Committee was that there were sufficient charges to remove her from her post.

The report of that Committee was presented to Parliament on January 8, 2013 and was debated in Parliament on January 10 and 11 and a motion was adopted. The adopted motion had mentioned only one point and that was to appoint a Special Select Committee. This was very clear in the letter sent by the Speaker to the President on January 11.

Although there was no adoption of a motion to remove the Chief Justice in accordance with Article No. 107 (02) of the Constitution of Sri Lanka, the then President removed Shirani Bandaranayake and appointed Mohan Peiris. As there was no motion adopted in accordance with Article No 107(02) as a pre-condition for the removal, the claim to have removed Shirani Banadaranayake from her post and the claim to have appointed Mohan Peiris from its very inception, have been invalid before law, and that is the view of the Government’.