Saturday, January 5, 2013

Full text of the Mahanayaka theras letter to the President Mahinda Rajapaksa is follows;

Importance of avoiding apprehension in the minds of the people in dispensing law and justice in a Democratic Society

Sri Lanka is an island which won the eulogy "Daham Divayina" from time immemorial and was praised here and abroad.  But society at present is full of grave crimes such as murders, rape, robberies, arson, abductions, bribery, drug trafficking and child abuse; committed with craving and hatred.   Almost every day these are reported in the media.  These pernicious acts imply the lack of security and value of human life.  There is more room for deterioration of human values, in the absence of equilibrium between the materialistic spiritual and ethical development and apprehension with regard to the equity in law.  If there is a collapse in law and order it is rather difficult to rise up as a righteous nation.  If we are to re-kindle the fast vanishing human values in our country, we must make the man a humanist, who respects human values.  Teaching of Lord Buddha elucidates that the selfish craving , ignorance, hatred, lead to the destruction of human society.  We can establish peace and happiness in our country by following Buddha's teaching and propagating and practicing patience and loving kindness.  Many lessons can be learnt by the ruler and the subject if they follow the "Chakkavathi Sihanada" Sutra, the discourse by Lord Buddha and take refuge in the teachings of the Buddha.  The time has come for all social institutions including the government to work together to bring this society out of this mire taking into consideration the saying of the Buddha, "To be born as a human is arduous and rare". The legislature, Executive and the Judiciary can perform an immense service to maintain morals, law and peace in any civilized democratic society.  It should be based on law, justice, patience and fairness.  In order to achieve this end, it is not proper to resort to actions which will generate an apprehension with regard to the judiciary and the judges.  It will be harmful than beneficial.  It is certain to affect the honour and the trust that the judiciary of Sri Lanka had up to now in the world. Majority of the people think that the impeachment motion against the Chief Justice will lead to a disenchantment about all branches of the judiciary. Therefore the government should think patiently about the ill effect of the prevailing attempt of the Legislature Executive and the Judiciary to go above the other and take steps to safe guard the independence of the judiciary and solidify the feelings of justice  in  the  minds  of  the  people.    By  the  display  of  just  behaviour  of  the government it will definitely generate a feeling of satisfaction in the minds of the
Asian Human Rights Commission |www.humanrights.asia

people It is possible to get humans to respect law and traditions by acting according to human ethics without scorn.   Therefore to avoid the breakdown in law and deterioration of society as a result of the impeachment motion we kindly request that the impeachment motion be withdrawn, taking into consideration the recent recommendation of the Supreme Court.  This will be beneficial to the country.
May you have the refuge of the Triple Gem!
09
Impeachment against CJ
Irreparable loss of confidence and public respect of the judicial system

A resolution passed by Attorneys –at-Law practicing in the Jaffna peninsula present at a meeting held on the 28th of November 2012 with regard to the Motion of Impeachment against the Chief Justice.

Noting with grave concern that the impeachment proceedings initiated against Her Ladyship the Chief Justice would inevitably lead to an irreparable loss of confidence and public respect of the judicial system as a whole which in turn would further deteriorate the state of governance of the country,

Noting in particular as lawyers from the North and East of Sri Lanka the importance of ensuring stability in the administration of justice as such stability is quintessential to the restoration of normalcy in the North and East of Sri Lanka and noting that the motion against Her Ladyship the Chief Justice is a threat to the smooth functioning and administration of justice to the whole of the country,

Noting with concern the lack of comity on the part of the Parliamentary Select Committee   in   rejecting   the   request   of   Honourable   Supreme   Court   to   stay proceedings until the hearing and conclusion of a case on matter relating to the interpretation of the constitution relating to the impeachment of the Chief Justice,

Express their solidarity with her Ladyship the Chief Justice during this darkest hour of assault the independence of the judiciary and call upon the Honourable Members of Parliament who were signatories to the impeachment motion to consider withdrawing the motion of impeachment against Her Ladyship the Chief Justice.

And seek to inform the Chairman of the Parliamentry Select Committee that the Jaffna Bar Association, if invited is prepared to make submission on all of the above issues raised above.

0 comments:

Post a Comment