Remote Control Of Justice

by Basil FernandoNext Saturday, the Bar Association will meet to discuss the resolution of non- cooperation with anyone who may be chosen to be the next Chief Justice in the event that the incumbent Chief Justice is impeached.While that matter is being considered, a question may also be asked as to whether any person with integrity and commitment to the rule of law and independence of judiciary would want to become the next Chief Justice, or a superior court judge for that matter, in such an event. The responsibility of the superior court is to...

Speaker, SLFP/UPFA Should Take Action against Two PSC Members!

by Laksiri FernandoWhen I wrote my last piece on the impeachment debacle, “Parliamentary Select Committee Exposed,” I was extremely concerned and shocked about the fact that the Chief Justice was insulted and humiliated by two members of the Parliamentary Select Committee. These happened reportedly irrespective of protests by the CJ, the legal team and the opposition members, and unfortunately complete disregard or tacit approval of the Chairman of the PSC, Anura Priyadarshana Yapa, whom I so far considered a decent gentleman or politician.The...

The King Asserted That He Was Competent To Exercise Judicial Power: What The CJ Said?

by Nihal JayawickramaWe do not seem to appreciate the fact that in this country it is the Constitution that is supreme; not the President, not Parliament; not the Judiciary, but the Constitution. It is explicitly stated in its preamble, that the Constitution is the supreme law of the Democratic Socialist Republic of Sri Lanka. It means not only that every institution of government is subject to the Constitution, but also that all power flows only from the Constitution. The legislative power exercised by Parliament, the executive power exercised...

Constitutional Supremacy Or Parliamentary Supremacy?

by Kamal NissankaWhen notices were sent to the Hon speaker, President and the members of the Select Committee  impeaching  Chief  Justice  by  the  registrar  of  courts,  the  Speaker  and leader of opposition were vociferous about the notion of supremacy of Parliament and they seemed not to heed to the Supreme Court request/order to appear before or submit objections on pending cases against them. They by now should know that only the President of the country under the constitution is immune...

Reducing Of Sri Lanka’s Judiciary To A Mockery

by Kishali Pinto-JayawardenaNowhere in South Asia or indeed the entire world (excepting in failed states) would a responsible government hire thugs and party supporters to jeer and hoot at the Chief Justice of the country while she was leaving the superior courts complex to appear before a parliamentary select committee considering her impeachment.Yet in Sri Lanka, this is what happened a few days ago. Nowhere in the world except in pariah nations would government members of parliament have been allowed to verbally insult the Chief Justice (Sri...

Impeachment of the Chief Justice, did she get a fair trial?

by K.D.C.KumarageSome citizens including lawyers have filed petitions in the Court of Appeal seeking writs restraining the Parliamentary Select Committee (PSC) from inquiring into allegations mentioned in the impeachment motion submitted to Parliament by some Members of Parliaments (MPs). The Court of Appeal has referred them to the Supreme  Court  (SC)  since  there  is  a  constitutional  problem  involved.  In  the meantime some fundamental rights (FR) cases have also been filed in the...

We Are Told That CJ Is A Rogue And A Cheat But It Is Crystal Clear That The Decision Is Political

by Vickramabahu KarunaratneAmong the first modern authors, to give principle theoretical foundations to the notion of ‘rule of law’ were Samuel Rutherford in Lex, Rex (1644). The title is Latin for “the law is king” and reverses the traditional “the king is the law”. In 1776, the notion that no one is above the law was popular during the founding of the United States. For example, Thomas Pain wrote in his pamphlet that “in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and...

You Can’t Say Parliament Is Supreme Over The Other Two Institutions

by M.A. SumanthiranThe other issue is also one of great concern to us, that of military rule. The Hon. Member was heard to talk of the Rule of Law. We don’t want military rule in any part of the country. Be it LTTE rule or even Sri Lankan Army rule. We want civilian rule.We don’t want the Army rule, but there is a military rule that is being imposed uponour people and that is to be avoided.It is true that during the time that the war was on there were certain necessities, butnow it is 3 ½ years later…enough time to have changed the situation....

The Walk Out Of Chief Justice And The Rajapaksas

by R HariharanThe walk out of Chief Justice Mrs Shirani Bandaranayake and her team of lawyers from a Parliamentary Select Committee (PSC) hearing on an impeachment motion against her Thursday was an eloquent testimony to the charade being enacted in Sri Lanka in the name of democracy. Probably it is a matter of time the PSC would find her guilty of the charges of corruption slapped against her.Mrs Bandaranayake, who was picked by the President for the high office though she lacked adequate judicial experience, fell out of favour with her ruling...

Chief Justice’s impeachment hearing violates due process

The impeachment process against Chief Justice Shirani Bandaranayake ignores international standards and practice, says the ICJ.The ICJ urges the government of Sri Lanka to take immediate steps to uphold the independence of the judiciary and adhere to international standards and practice on the removal of judges.Today, the Chief Justice and her team of lawyers walked out of the impeachment hearing in protest over the denial of a fair hearing.Protests supporting and opposing the impeachment process erupted on Tuesday 4December  2012  as ...

PSC offers the CJ an inquiry without witnesses

by Basil FernandoThe Parliamentary Select Committee (PSC) inquiring into the allegations against the Chief Justice, Dr Shirani Bandaranayake in a surprising and shocking move informed her that during this inquiry no witnesses would be produced and therefore there would be no room for cross examination.An 'inquiry' without witnesses naturally cannot be an inquiry at all. The essence of an inquiry is to place before the accused the witnesses who are making allegations thus giving the opportunity of cross examination on any such witness. There is...

Economics Of Impeaching Chief Justice In The Absence Of The Opposition

by Kusal PereraShe’s abused, says the media. That was all some parakeets could do. She, Chief Justice walks out and that’s all she could do, as well. The UNP members in the PSC says, the CJ should be given a fair chance and be persuaded to attend PSC sittings, stressing they will stay on and fight to the end. The “end” was decided before the beginning. It was for that, the PSC was appointed by this regime with a 7 to 4 margin and not with a single vote majority of 6 to 5.We  now  begin  the  ascendency  to  the ...

It Is Just A Hop, Skip And Jump From Enforced Disappearances To The Impeachment Of The CJ

by Basil FernandoIt is clear by now that the attempted impeachment is being done in a completely lawless manner. The present approach adopted for the inquiry is no different to a committee consisting of a man’s enemies being assigned to conduct a murder trial against him. Regardless of the man’s guilt or innocence, the enemies will ensure that he will be found guilty and be hung.There are many clips on YouTube about the mobs that gathered before the Supreme Court and the Parliamentary Complex shouting slogans against the Chief Justice and demanding...