Judicial system

It has been reported that the name of Mohan Peiris has been proposed as one of the names for the office of Chief Justice by the Sri Lankan government. If the role of the chief justice is to be that of a stooge of the government perhaps there is hardly anyone more suited to the […]

The ensuing debates after the rape in Delhi has thrown up several opinions, some poignantly valid and others ridiculous, about what changes are to be made to the criminal justice process to effectively address the scornful menace of rape and forms of sexual violence in India. An alarmingly large proportion of the population, if the […]

At 2pm today, the Philippines Supreme Court will hear petitions challenging the Constitutionality of the newly approved law, Cybercrime Prevention Act of 2012 (Republic Act No. 10175). The law was approved in September 12, 2012, but the SC issued a Temporary Restraining Order (TRO) after petitions were filed questioning the conformity of the law to the […]

Commonwealth Secretary-General Kamalesh Sharma today expressed deep disappointment at the dismissal of the Chief Justice of Sri Lanka. The Secretary-General recalled his earlier statements about this matter, in particular his statement following the decision by Parliament on 11 January to impeach the Chief Justice, in which he had urged the Executive to pause and reflect […]

Stephen Harper today issued the following statement regarding the dismissal of Sri Lankan Chief Justice Shirani Bandaranayake: “Canada is deeply concerned by Sri Lankan President Rajapaksa’s decision to remove the Chief Justice from office following an impeachment process which appeared to be highly politicized and lacking transparency and respect for the guarantees of due process […]

We note with grave concern that the Sri Lankan Parliament has decided to remove the Chief Justice of the country through a Parliamentary Select Committee, in contravention of a Constitutional determination by the Sri Lankan Supreme Court. The Court had determined that such a decision could only have been constitutionally taken through an Act of […]

The parliament in Sri Lanka, in defiance of the judgement of the Court of Appeal which was based on the interpretation of law provided by the Supreme Court of Sri Lanka, yesterday (January 10), started a debate on the impeachment of the Chief Justice. A vote on the impeachment will be taken at the end […]

Your Lordships and Your Ladyships of the Supreme Court, THE ATTEMPT TO REMOVE THE CHIEF JUSTICE FROM OFFICE AND TO REPLACE HER CONTRARY TO THE PROVISIONS OF THE CONSTITUTION As Your Lordships and Ladyships are aware the Supreme Court has on the 1st of January 2013 exercised its Constitutional Jurisdiction and interpreted the Constitution holding that […]

Both the United Kingdom Foreign Office and France issued statements condemning the killing of Rizana Nafeek. However, the Sri Lankan government which expressed sadness about the killing did not make any statement specifically condemning the killing. Commenting on reports that Sri Lankan national, Ms Rizana Nafeek, was executed yesterday in the Kingdom of Saudi Arabia, […]

The International Commission against the Death Penalty (ICDP) condemns today’s execution of Rizana Nafeek, a Sri Lankan housemaid, in Saudi Arabia. She was beheaded in Dawadmi province near Riyadh. Rizana, a teenage domestic worker, was condemned to death after a four-month-old baby boy she was bottle-feeding choked and died in 2005. According to her birth […]

Lawyers Collective Press Release 9th January 2012 Ignoring the Supreme Court and Court of Appeal judgments, Parliament will debate the Impeachment against the Chief Justice tomorrow – Thursday 10th January. The Executive and Parliament have jointly decided to proceed with the impeachment, notwithstanding the Supreme Court and Court of Appeal determination holding it to be […]

The Bar Association of Sri Lanka strongly, unequivocally and with no reservations whatsoever condemns the decision to take up for debate the impeachment motion against her Ladyship the Chief Justice Dr. Shirani A. Bandaranayake based on the findings of the Parliamentary Select Committee which was quashed by the Court of Appeal and determined to be […]

Anyone who uses their capacity for critical thought would know that the courts are the final authority in the interpretation of law; this means that once the highest court makes a determination on a matter of law, it should be accepted and acted on. If there is any error, the way to deal with it […]

From the day on which Rizana was arrested on a false charge of murder to the day of her execution, seven years elapsed. During this time, if proper diplomatic effort was made with the required seriousness, the life of this young girl could have been saved. The following are some of the reasons for the […]

Sri Lankan teenager Rizana Nafeek arrived in Saudi Arabia to work as a house maid when she was 17 years of age. ‘Our family was having hardships and so our eldest daughter volunteered to go and work abroad to send money home,’ the father Mohammed Sultan Nafeek, a wood cutter from Muthur, Trincomalee, said in […]

The Court of Appeal in Sri Lanka has issued a writ of Certiorari, declaring that the determination and the findings and/or the decision or the report of the Parliamentary Select Committee constituted to impeach the incumbent Chief Justice of Sri Lanka is unconstitutional, illegal and is therefore quashed. The decision ends all legal basis of […]

Today, January 8, is the fourth anniversary of the assassination of Lasantha Wickrematunge. Lasantha Wickrematunge was one of the best known journalists and the editor of the Sunday Leader, a newspaper critical of the government. Despite the enormous publicity generated by this broad daylight assassination both locally and internationally, the government has refused to conduct […]

The judiciary of Bangladesh is struggling to be an independent institution, free from executive control since the inception of the country. This struggle was formally exposed when a group of judicial officers led by Mr. Masdar Hossain – currently a District and Sessions’ Judge – took the matter to the High Court Division in 1995. […]

A government’s spokesman, Minister Vimal Weerawansa, was quoted in the BBC Sinhala Service today saying that the judges who have issued summons on the Parliamentary Select Committee will be called before the parliament to answer under the parliamentary privilege provisions of the constitution. He went on to say, “Now NGO fellows will catch Shirani Bandaranayake […]

Predictably, Government propaganda hitmen wasted little time in rushing to condemn the Supreme Court’s most extraordinary and exceptional Determination this week that the parliamentary impeachment of a superior court judge has to be determined by law and not by Standing Orders. The level to which this Government has deteriorated was amply seen by the fact […]