Mohan Peiris’ removal unconstitutional – Ali Sabry
Justice Minister Ali Sabry yesterday (5), told Parliament that the process adopted by former President Maithripala Sirisena to remove then Chief Justice Mohan Peiris in 2015 was illegal.
In response to a question raised by SLPP MP Pramitha Bandara Tennakoon, Ali Sabry said the removal of Peiris was unconstitutional and necessary measures will be taken to rectify the removal.
Tennakoon queried from the Minister whether the Chief Justice could be removed by a letter sent by the Secretary to the President.
Ali Sabry said the President could not remove a judge of the Supreme Court or the Court of Appeal, as he wishes as that power is vested with Parliament.
“The Parliament is empowered by the Constitution to decide on the removal of a Supreme Court Judge or an Appeal Court Judge. According to Standing Orders, there is a procedure that has to be followed to remove a Supreme Court judge or an Appeal Court judge. The President cannot remove a judge as he pleases,” he pointed out.
Ali Sabry further said that he would discuss the matter with Prime Minister Mahinda Rajapaksa too. Former President Maithripala Sirisena removed former Chief Justice Mohan Peiris on 28 January 2015.
Addressing a public meeting in Warakapola in 2017, Sirisena said he removed Peiris because the latter requested him to do so.