Friday Dec 13, 2024
Friday Dec 13, 2024
Wednesday, 16 January 2013 00:24 - - {{hitsCtrl.values.hits}}
By Dharisha Bastians
Notwithstanding the outcry from the legal fraternity, international community, and Opposition political parties over the removal of Shirani Bandaranayake and the choice of her successor, President Mahinda Rajapaksa yesterday swore in Mohan Peiris as the new Chief Justice of the Republic.
The Government described Peiris as the most suitable whilst good governance activists alleged the Executive and the Head of the 
Judiciary would act in collusion, endangering judicial independence and proper checks and balances.
However, soon after assuming duties, new CJ Peiris told a group of lawyers: “I am one of you and I expect everyone’s support to uphold the rule of law.”
Shortly before tea was served on the fifth floor of the Superior Courts Complex for about 40 lawyers gathered there to felicitate the new appointment, Chief Justice Peiris said that it was necessary to ensure that the law rises to meet contemporary challenges.
“This is one Sri Lanka. We must ensure that the law meets the aspirations of all Sri Lankans. I am confident that the legacy of a 2,500-year-old legal system will continue to thrive,” he said, addressing members of the Bar.
Separately he also told reporters that his aim was to uphold the rule of law and ensure the independence of the Judiciary.
Peiris, who is a former Attorney General and Legal Advisor to the Cabinet, took oaths as Sri Lanka’s 44th Chief Justice before President Mahinda Rajapaksa at noon yesterday and arrived at the Supreme Court at 1:25 p.m., where Police, Special Task Force personnel, and Anti-Riot squads had created a tight security cordon all morning, preventing media personnel from entering the Courts complex.
The new appointment comes in the wake of a controversial impeachment process to remove Chief Justice Shirani Bandaranayake, who most lawyers claim remains Sri Lanka’s legal Head of the Judiciary. Members of the Lawyers Collective clashed with Police personnel outside the Courts complex, demanding that barricades be removed and media personnel and civilians be granted entry into the public premises.
When their efforts proved futile, the lawyers charged that Sri Lanka was under military rule and blew out candles to symbolise the death of judicial independence. “The appointment of another Chief Justice is illegal,” the lawyers charged, saying they were not willing to accept a ‘puppet’ appointed by the regime.
Senior Constitutional Lawyer and Activist J.C. Weliamuna told the Daily FT that the Court looked like an Army camp yesterday. “This was unprecedented security,” he said, adding that Supreme Court security personnel were even instructed by Police to request identification from lawyers they could not recognise. “The security told us that the Police were concerned that Chief Justice Bandaranayake would enter the Courts,” the senior attorney said.
Bandaranayake was expected to arrive at the Supreme Court last morning but lawyers said that she had decided against the move because she did not want to insult the Judiciary by appearing as if she was trying to enter by force.
Hours later, religious leaders invoked blessings upon Chief Justice Peiris, who avoided the media glare by entering the Courts complex through Adhikarana Mawatha with heavy security.
A tea party was held soon after President’s Counsel Razik Zarook welcomed the appointment of Peiris and assured him of their unstinted support in the administration of justice.
Attorney Weliamuna said that it was unusual for a Chief Justice to attend Court as soon as he was sworn in. “Usually preparations are made for judges of the Lower Courts to greet a new Chief Justice,” he said. Many of the lawyers present to felicitate the new Chief Justice were members of the SLFP Lawyers Association.
