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Impeachment of Shirani Bandaranayake


Shirani Bandaranayake, the 43rd Chief Justice of Sri Lanka, was impeached by Parliament and then removed from office by President Mahinda Rajapaksa in January 2013. Bandaranayake was accused of a number of charges including financial impropriety and interfering in legal cases, all of which she has denied. The impeachment followed a series of rulings against the government by the Supreme Court, including one against a bill proposed by Minister Basil Rajapaksa, President Rajapaksa's brother. Bandaranayake was replaced as chief justice by former Attorney General Mohan Peiris. Peiris is considered to be an ally of President Rajapaksa and his appointment is seen by critics as further consolidation of power by the president and his family. Bandaranayake refused to recognise the impeachment and lawyers groups refused to work with the new chief justice. Bandaranayake's controversial impeachment drew much criticism and concern from within and outside of Sri Lanka. On 28 January 2015 she was reinstated and retired on 29 January, the next day.

Bandaranayake was appointed to the Supreme Court on 30 October 1996 by President Chandrika Kumaratunga. In 2011 President Mahinda Rajapaksa appointed Bandaranayake as Chief Justice, succeeding Asoka de Silva who retired on 17 May 2011. She took her oaths before President Rajapaksa on 18 May 2011.

The Town and Country Planning (Amendment) Bill was published in The Sri Lanka Gazette on 17 October 2011. The bill allowed the government to declare any land in a municipal, urban development or road development area as a "protected", "conservation", "architectural", "historical" or "sacred" area and to acquire that land. According to the Constitution of Sri Lanka most land issues are devolved to the provincial councils. The Sri Lankan government introduced the bill in parliament on 8 November 2011. The bill's constitutionality was challenged by the Centre for Policy Alternatives (CPA) and Paikiasothy Saravanamuttu in the Supreme Court. The court (Bandaranayake, Chandra Ekanayake and K. Sripavan) met on 21 November 2011 to hear the petition. The court's determination (S.C. Special Determination No. 03/2011) was conveyed to Speaker Chamal Rajapaksa, another brother of President Rajapaksa, on 2 December 2011 and on 3 December 2011 the Speaker announced the determination to Parliament: the bill was in respect of matters set out in the provincial council list and therefore cannot become law unless it has been referred to every provincial council. The government withdrew the bill from parliament and referred it to the nine provincial councils. The provincial councils expressed concern about the bill and suggested amendments. The bill was opposed by the Sri Lanka Muslim Congress and Tamil Makkal Viduthalai Pulikal, both members of the United People's Freedom Alliance (UPFA), President Rajapaksa's party, as well as the opposition United National Party. Faced with opposition, the government abandoned the bill in April 2012.


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