Chief
Justice Mohan Peiris does not need to be
impeached and only need to be removed since his appointment to the office of
the Chief Justice is clearly unconstitutional, says attorney Nagananda Kodituwakku. Attorney Kodituwakku expressed this opinion
when he was interviewed by Boston Lanka news about the writ application he has
filed against President Mahinda Rajapaksa's nomination for a third term.
As
Attorney Koddithuwakku points out when former attorney general and legal advisor to
the president, Mohan Peiris took oath as
the 44th Chief Justice of Sri Lanka on January 15th 2013 ‘to be faithful to the Constitution and Law' Peiris
knew clearly that there was no vacancy
in the office. By then the Parliamentary
Select Committee decision had been
quashed by the Court of Appeal and the Supreme Court had ruled that the entire
impeachment process was unlawful and the removal of the Chief Justice was
unlawful.
In
this background, according to attorney
Koddithuwakku , his taking a Oath as a Chief Justice clearly tantamount to
violation of law, which reduced oath taken to be a FALSE OATH and a punishable
offence of perjury under the law.
Therefore,
attorney Kodithuwakku is in the opinion
that any court decisions handed down by Mohan Peiris, , has no legal validity
as he is not the Chief Justice duly appointed but just a person who is occupying the office of the Chief Justice by
force.
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