(Lanka-e-News- 17.May.2015, 2.00PM) The controversial interim order of the Supreme court delivered by two judges (who have by now earned the contempt of one and all) based on a preliminary inquiry into the fundamental rights petition filed by the ex defense secretary Gotabaya Rajapakse prohibiting his arrest , is not a valid determination and is therefore untenable in law, according to the Attorney general (AG), based on reports.
It is the opinion of the AG that the verdict delivered by two judges (Eva Wanasundara and Sarath Abrew by now dubbed as Bonnie and Clyde the notorious criminals of the past) based on the FR petition filed by Gotabaya is in violation of section 132 of the Sri Lankan constitution . While it is a mandatory requirement a three judge bench should hear this petition , these judges have arrogated to themselves illegal powers to deliver this wrong judgment from a bench of two judges , which order is therefore void in law.
When the Financial crimes investigation division (FCID) of the police headquarters had sought the advice of the AG regarding the validity and legality of the injunction order of the SC , the AG had made the aforementioned comments. The verdict is not valid constitutionally and legally ,the AG had pinpointed.
A two judge bench of the SC when examining a FR petition can only determine whether permission can be granted or not for its hearing , and nothing more ,according to the constitution and the SC rules .
Legal experts and luminaries say, while Gotabaya was facing imminent arrest and the FCID was ready to take him into custody, the two judges who examined the FR petition of Gotabaya instead of stopping with a determination on granting permission or not for a hearing , trespassed on their legal limits to issue an injunction order to avert the arrest of Gotabaya instead, which is a gross violation of the constitutional provisions and the SC rules.
In section 118 of chapter 16 of the constitution of the Democratic republic of Sri Lanka it is stipulated that the highest court where final judicial decisions are made is the SC, and the judges of the SC are bound to abide by the rules and regulations of the duly established SC under section 136 (1) of the constitution.
Hence , as the examination of Gotabaya’s petition by two SC judges , Eva Wanasundara and Sarath Abrew is in total disregard of the constitution and SC rules, as well as a gross violation of the sacrosanct laws , the interim order delivered by them is untenable in law ,various groups of the legal fraternity are at the ready to lodge complaints with the president and the AG.
Meanwhile a plethora of information has come to light pertaining to the secret discussion that was held between the group including ex president Mahinda Rajapakse ,the petitioner Gotabaya on the night previous to the day of the FR petition hearing , and the two judges Eva Wanasundara and Sarath Abrew at the business establishment of Ali Sabry PC at Kollupitiya . These two judges by participating in the secret sordid discussions aimed at making a travesty of justice are guilty of egregious professional misconduct , not to mention the shameless prostitution of their lofty official positions insulting the whole judicature wholesale.
In the circumstances a number of legal associations which are in receipt of a wealth of data relating to the most sordid conduct and sale of professional honor of these judges , are taking measures to request the president to conduct a probe and take remedial action into this mockery of justice perpetrated by the very judges who are appointed to respect and uphold the rule of law and country’s legal Institutions . The CID too is also to take steps to investigate these illicit manipulations and subterfuges.
Already information had surfaced that Ms.Eva Wanasundara was summoned to that discussion by Kalnga Indratissa PC who worked with her in the AG ‘s department . Rumors are also afloat that when Eva was at law College , she was a lover among the many of Mahinda who was noted for his promiscuity
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by (2015-05-17 08:31:52)
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2 discussion on this news
FLOW THE AG POINT.ACT ON NO 2JUDGES BUT 3 JUDGES.
-- by srikaanthan on 2015-05-17
The crooked judges Eva and Abrew should be forced to resign from their for bringing disrepute to the judiciary.
-- by jay on 2015-05-17
