According to the BASL, on January 9, the day on which it was clear that the incumbent Sri Lankan President, Mahinda Rajapaksa, was losing the Presidential election, Pieris was discussing with him ways and means of annulling the result.
"It is reiterated and emphasized that, it is absolutely essential for the Chief Justice and members of the judiciary to remain strictly separate and uninvolved in political and executive decisions," a BASL statement said.
The BASL has since been boycotting the Chief Justice. He was not invited to the Asian Attorneys General Conference here on Monday.
Immediately after assuming office, Foreign Minister Mangala Samaraweera petitioned the Criminal Investigation Department (CID) to probe an attempt by Rajapaksa and his cohorts, including Chief Justice Mohan Peiris, to stage a military-backed coup. Subsequently, the Attorney General had sanctioned the investigation.
Legal Means
While applying psychological pressure, lawyers are also trying to oust Peiris on purely legal grounds. They maintain that there was no vacancy when he was appointed Chief Justice in 2013. Serving Chief Justice Shirani Bandaranayake had not been removed as per proper procedure, and therefore, there was no vacancy, argues BASL activist J.C.Weliamuna.
Explaining the flaw, lawyer and Tamil National Alliance (TNA) MP, M.A.Sumanthiran, said that Parliament had not passed an appropriate resolution – a proper address to the President seeking the removal of the Chief Justice on the basis of the findings of the Parliamentary Select Committee (PSC). What it passed was an old one which had set the impeachment process in motion.
Sumanthiran told Express that he had told parliament about this but the ruling party was in such a hurry, that the flaw was ignored.
Peries is resisting in the hope that Rajapaksa will come back after the April parliamentary elections.
“If he does not resign, he can be impeached. But that has to be done as per proper procedure,” said leading attorney K.Neelakandan.
(newindianexpress.com)
