What a furore over an Impeachment of a Chief Justice ?
Posted on December 9th, 2012

By Charles.S.Perera

 What has got into the heads of the so called educated highly placed people in Sri Lanka.  It was mostly the rural youth who sacrificed their lives, limbs and blood with the fervent hope delivering Sri Lanka from the fetters of devilish terrorism , to keep the country united and undivided.  They were real heroes, they were not asking for pay hikes, political rights, bribes and commissions, but they faced the enemy without knowing whether they will be there to see another day.

 But with such an indelible background what we see three years after is shameful. There is greed for money, greed for status, greed to gain power.  We see people with short lived memories, we see local and foreign forces denying the sacrifice our youth made for the sake of their motherland, we see character assassination, we see refusal to give credit to those  need credit, we see the University Professors , and those in high office feathering their own nests, without giving a “damn” to the people and the country.

 The Impeachment of a Chief Justice has brought out the worst in some people.  Is this Sri Lanka, that was beaten and battered by the foreign invaders for ages, but yet raised itself from the worst of  suffering  to at last see development and progress ? It is sad those Parliamentarians in the opposition, the media, the judiciary, the academic staff, and even some  monks like Madoluwawe Sobhita have not grown up to understand what is democracy, what is independence, and what above all is National Pride of being Sri Lankans .

 Sri Lanka is called a democracy since we have accepted a Parliamentary system of Government.  But that democracy we have safeguarded more than those who claim to be the ” fathers of “ democracy”.  No constitution is perfect.  Imperfections are rectified by amendments. Sri Lanka has an accepted constitution despite its defects.  Our country went through a worst of times, first under colonialism and then  a still worst  time under terrorism. We have got rid of terrorism with sacrifices and deaths, however much the  interfering West the worst of perpetrators of violation of human rights, claim there were violation of human rights in the elimination of terrorism. Is there a perfect end of a war ?  Nothing is perfect. But our country did not cave into anarchy or  civil war  we still  remains a healthy democracy.

 The Legislature,  the Judiciary and the Executive are independent of each other in our country.  Judicial independence is accepted.  We expect an exemplary standard of  conduct from the members of the Judiciary.  However, if  members of the Judiciary have acted beyond the law of the land, passed by the Legislature and implemented by the judiciary, then such Judges have to be brought before the law like any one else who breaks the law.

 The Judges are  not taken before a court of law to plead before another Judge.  But they can be taken before the highest court of the land to be judged by the people. As in Athens the people do not congregate any more to take decisions on judicial, political or economic matters.  Therefore,  it is  before the Parliament of the  representatives of the people that a Judge is taken to be judged which is called an Impeachment.  That is democracy.

 As much as a citizen is taken  before a Judge in Court, a Judge could be summoned to be present before a  Parliamentary Select Commit which  represents the Parliament,  to be  judged on  the charges against her.  The Judge has to  respect the PSCas much as a ordinary citizen is expected to respect a Court of Law.  Otherwise as much as there is a contempt of court in the case of an ordinary citizen there a contempt of the Legislature in the case of a judge.

 All those legal details  adhered to in a Court of Law , can also be  adhered to by a Parliamentary select Committee.   The members of a Parliamentary Select Committee, like the members of a  Jury, will not discuss out side  what happened  inside the PSC . But in the Impeachment of the Chief Justice in Sri Lanka those very people who speak of break down of democracy, act contrary to the demands of democracy.

 Now let us see the democratically demanded independence of the Judiciary. The Judiciary is independent of the interference by the Legislature and the Executive, but the Judiciary is not sacrosanct and above the Law.  The Judiciary while being independent should respect the independence of the Legislature from the Judiciary. The Legislature remains supreme as it is representative of the people.  The Legislators are the Law makers.  Once a Law is passed it is sent to the Judiciary to carry it out. The Judiciary  interprets the law without changing it.  The Judiciary may suggest changes. The proposed  changes are then discussed in the Legislature, which  may pass an amendment  if the suggested change by the Judiciary is accepted.

 The Legislature is the highest Court of the people.  The Legislature makes inquiries into the charges in a Impeachment Motion against Judges through a Committee selected by the Legislature.

 In Sri Lanka it was reported that the  Chief Justice  Shirani  Bandaranayake had “ƒ”¹…”fled’ from the Parliamentary Select Committee trial.  This is highly irregular, and amounts to a contempt of the Legislature.

 In view of this blame worthy act of  the Chief Justice S.Bandaranayake,  it is interesting to read the following excerpt taken from the Wikipedia relating to the Impeachment of  Renato Corona  the Chief Justice of Philippine:

 “At one point,Chief Justice  Corona of Philipines tried walk out of the proceedings, and was prevented from doing so by the Senate president, who ordered the Senate doors closed and gave him a tongue-lashing.  He rolled back in a wheelchair, with an attendant at his side. One of his lawyers said he was suffering from dizziness and could not continue.  The judge adjourned the proceedings, ordering Corona to return to court next Wednesday.”

 In the drama of the Impeachment of Shirani Bandaranayake in Sri Lanka it was reported that the Supreme Court of Sri Lanka wanted to intervene in the Impeachment  on a case filed by the Sri Lanka Lawyers’ Association. But the Supreme court has no legal right to hear a case against the legislature or the Committee appointed by it to inquire into the Impeachment Motion against  the Chief Justice.

 On the question of an impeach in USA it was stated, that: “Defendants challenged the use of these committees, claiming them to be a violation of their fair trial rights as well as the Senate’s constitutional mandate, as a body, to have “sole power to try all impeachments.” Several impeached judges sought court intervention in their impeachment proceedings on these grounds, but the courts refused to become involved due to the Constitution’s granting of impeachment and removal power solely to the legislative branch, making it a political question.” “ƒ”¹…”(wikipedia)

 Impeachment therefore is  a democratic process and the Parliament of Sri Lanka has every right to inquire into an Impeachment Motion presented by the Members of the Parliament. Once a Committee is appointed by the Parliament it becomes  the “court” that inquires into the Charges on the Impeachment Motion.

 It was reported that four members of the committee had walked out refusing to continue with the Impeachment proceeding which is a contempt of Parliament.  Unfortunately some of our Parliamentarians haven’t got the maturity to uphold the privilidges and customs of the Parliament.  Their behaviour is disrespectful  to the august assembly the Parliament to which they have been elected by the people. These MPs are not  suitable to represent the people who elected them as they have breached their confidence.  Normally they are  expected to respect their  own title of MP and respect the Parliamentary procedures.  Otherwise they should resign giving their place to more worthy persons to represent the people.

 Once appointed to a Committee of the Parliament the members are expected to serve the Committee until the sittings are over.  In their absence  the PSC may continue its deliberations without those members.  They may be replaced by other  members by the Speaker.  The hearings of the Impeachment motions could be  continued even in the absence of the  Chief Justice-the defendent.

 It is not democratic for other countries to  interfere in to the deliberations of an Impeachment Motion by a Committee appointed by the Parliament of Sri Lanka. It is a highly objectionable  interference on the part of the American Embassy to have  issued a statement to say :

 “These latest developments are part of a disturbing deterioration of democratic norms in Sri Lanka, including infringement on the independence of the judiciary. The United States, along with our partners in the international community, continues to urge Sri Lanka to uphold the rule of law and democratic governance and to continue to address outstanding accountability and reconciliation issues,”

 What do they mean by ”  disturbing deterioration of democratic norms” ?  Do they want to make it out to be another Bengazi ?  They are itching to change regimes, their favourite past time.

 This shows that  the American Embassy is acting in ignorance of democratic procedures of a country.  It also shows lack of respect to the country the Ambassador has been posted.  Because they are American they cannot dictate terms to a Sovereign State more so with regard to its Constitutional procedures. 

 A man called Laksiri Fernando writing to Colombo Telegraph( which has become the Journal publishing all anti-Impeachment news and articles) has   ”        raised serious doubts about the political motives behind the move. By that time hurriedly framed bribery charges against the husband of the CJ have already been initiated”. 

 Laksiri Fernando should know that these  matters such as how and when the Impeachment  Motion was conceived and presented to the speaker of the Parliament are immaterial .  What is important is the fact that an Impeachment Motion has been presented, and  the fact that it is being investigated, and that a report of the investigation will be presented to the Speaker.

 In the mean time the International Commission of Jurists too makes an uncalled for statement: “The impeachment process against Chief Justice Shirani Bandaranayake ignores international standards and practice, says the ICJ.”  Sri Lanka is not bound to follow any International Standards in inquiring into an Impeachment Motion. Sri Lanka Parliament has its own Standing orders and procedures .  The  Parliament of Sri Lanka is an old  Institution and it has matured to put into practice its Constitutional and Democratic processes.

 It is the stupidity of our own Parliamentarians of the opposition that is putting our country into disrepute and jeopardy.  The four members of the opposition walking away from the PSC is objectionable.  I am sure there are punishments that could be meted out to them for contempt of the Parliament.

 Sri Lanka Media has not done their duty to uphold the traditions of our Parliamentary System. They too see the Impeachment Motion as some thing invented by ” Rajapakse Government” to harass the Chief Justice. They should try to look at things differently  more objectively to make the world understand that we are not a “Banana Republic” .

 In this respect one feels ashamed of the type of  information that is formulated and emanated  by the Island News paper.  The following extracts from the Editorial of the Island of the 8.12.2012, is improper and blame worthy:

 ” Parliament rejected out of hand notices issued by the judiciary and decided to go ahead with the PSC process without caring a damn about a recent Supreme Court recommendation that the PSC proceedings be postponed until its ruling.  So, the CJ’s pull-out from the PSC proceedings must have warmed the cockles of the hearts of those opposed to the impeachment motion.”

 The Supreme Court has no right to issue instructions to the Legislature.  The “wise” Editor of the Island News Paper is ignorant that the Legislature is independent of the Judiciary as much as the Judiciary is independent of the Legislature and the Executive.  CJ’s pulling out is a contempt of the Parliament.

The Island continues, “”¦..The unnecessary showdown between the legislature controlled by the Executive President and the Judiciary and the deplorable manner in which they are undermining each other’s authority. The late President Ranasinghe Premadasa was troubled by a legislative coup in the form of an abortive impeachment bid. He, however, had no problems with the Judiciary which he effectively kept under his executive thumb. That was the time when judges were scared of opening their mouths””‚even for a tooth extraction! There was a brief respite during President D. B. Wijetunga’s tenure. President Chandrika Kumaratunga clashed with the legislature and went so far as to sack a UNP-led government having lost control over Parliament in 2001 and been reduced to a titular head of State in all but name for three years. President Mahinda Rajapaksa’s first term was characterised by a wrangle with the Judiciary and currently his government is all out to oust the incumbent CJ.”

As against the late President JR Jayawardhana , and President R.Premadasa, President Mahinda Rajapakse who has done yeoman service to his country is different from the sighted previous Presidents. The President Rajapakse has respected the Parliamentary traditions and has not used his executive powers to the detriment of the people , or the country.

 When will our MPs of the Opposition and the Media begin to love their country and respect those traditions and accept the necessity to cooperate with the ruling party “democratically” to keep the interfering International Community  away from harming our country.

 All in all the Impeachment Motion should be turned into an enriching experience of a correctly functioning Democracy in a country progressing fast into development.

29 Responses to “What a furore over an Impeachment of a Chief Justice ?”

  1. douglas Says:

    Mr. Chaarles S Prera – I agree that the present President has done yeoman service to this country. The question is how his team who are assigned the day to day affairs of governance is carrying out and living upto the high expectations of the Executive and the people.

    A good example is this whole process of “Impeachment”. If the Committee appointed to investigate and report on the 14 alleged “miconduct” on the part of the CJ conducted this inquiry in the most democratic and a “decent” manner, nothing would have gone wrong. It is now useless discussing the manner in which the Committee organized its business and the process adopted to finish the job assigned. To put all that in a summary, it is suffice to say that the very Committee was behaving like a “Kekille” King’s Court.

    That is what brought the whole Legislature, the country and it’s system of Governance to disrepute and “mockery”. Please think of it, independently without bias, and it will most probably dawn on you how and why this Impeachment became a “furore”.

  2. Kit Athul Says:

    Douglas, I have to disagree with you this time. You are an excellent crtic of this subject, but what you forgot was to read the high lited last paragraph. This crook should end up in Jail. Walk out of a hearing? Only the Queen can do such a thing in the British law. “I do not recognize this court”. end of story. But this Bandaranayake has the power of the Queen of England? DOUGLAS, this is the question you must answer. Please do not bring factious KAKILLE RGJURUVO to this argument.

  3. nilwala Says:

    My position is that based on the charges, to which the CJ was privy and regarding which she would in conscience have clearly known her culpability, both on account of conflict of interest pertaining to financial involvements/transactions as well as to her spouse, she should have resigned from her position and saved ESPECIALLY the nation wherein she had been appointed to a position of honour, as well as herself, the anguish that this entire saga has caused. I had hoped that at least the debate’s elucidation of the roles of the Legislature and Judiciary vis-a-vis the Constitution would have served as an education for the nation. However, that is not to be as this has spiralled into what seems a turmoil that is out of control.

    The BASL is now up in arms to take this to the next level of internationalization. The CJ is an academic and has both intelligence and legal acumen to have clearly understood the game in play. One can surmise that she was aware all along of the tactics and strategy in place, and has played along, knowing full well that at some point she would have to find an excuse to walk out of the PSC proceedings, and that this would be followed by the Opposition members of the PSC. All this seemed inevitable to those of us of the ordinary public.

    Where will it all end is now the question. Hopefully, those of the public who are aware of consequences and are concerned about the nation’s Future will give thought to where this is taking Sri Lanka, as they themselves participate in the on-going power struggle.

    We ought to recognize the reality of government being imperfect, and that as we strive to make things more perfect, what we may actually achieve as alternative could have downsides from which we may not be able to extricate ourselves. We have past experience of a rather milder form called 13A that is formidable enough as far as the national security of the nation is concerned, to learn from.

    Mahes Ladduwahetty

  4. NeelaMahaYoda Says:

    A copy of the most appropriate comment I Noticed in one of the Sinhala website;

    තමන්ගේ අමුඩේ කැත කොර ගත්ත එකා අනුන්ගේ අමුඩ ගලවල බලන්න යන්නේ නැතුව කරන්නේ ජරාව තියෙන බව පිළිගෙන ගඳ ගස්සන්නේ නැතුව ඒකට පිලියමක් කර ගන්න එක. ඒකට මේ අය !

    මේ නෝනා ගේ ගිණුම් ඇරීම නෙවි මෙතන පෙන්වා දී ඇති වැදගත් කාරණය.
    වසර කිහිපයකම මාර්තු 31 වෙනකොට Zero balance කරලා කියන එක.

    ඒ මෙන්ම රජයේ සේවකයකු මිලියන් සිය ගානක් ගනු දෙනු කලේ කොහොමද සාධාරණ ඉපයීම් , බිස්නස් ද කියන එක රජය දැන ගත යුතයි .
    ඔබ තුමන්ලා දන්නේ නැති උනාට රජයේ ඉහල නිලධාරීන් ට වෙනම නීති තියෙනවා . දේශපාලන කටයුතු පවා කරන්න තහනම් .
    ඒ ක නිසා තමයි චන්ද අපේක්ෂකයෙක් උනොත් රජයෙන් ඉල්ලා අස්වෙන්න ඕන . නිතිය අනුව පඩිය හැර රුපියල් 100 ක් අමතර දායමක් ගත්තත් එය ලැබුන අන්දම දක්වා හා ඉන් 10% ගෙවිය යුතයි.

    විශේෂයෙන් අගවිනිසුරු වැනි ඉහලමතීරණ ගත හැකි තනතුරක ඉන්න අය තමන්ගේ ගනුදෙනු හෙළි කිරීම රාජ්‍ය ආරක්ෂාවට ඉතා වැදගත්.
    ඒ නිසා ඒ ගැන විශේෂයෙන් මුළු ලෝකෙම රටවල හැම එකකම සොයා බලනවා.
    එයට හේතුව ඕනෑම විදේශ සතුරු රාජ්‍යයකට එහි ඔත්තුසේවා ලවා ඒ නිලධාරියාව කුලියට ගෙන රාජ්‍යය වනසා දමන්න හැකි නිසා.
    පාර්ලිමේන්තුවක ඉන්න සිය ගානක් සල්ලි වලට ගන්නවට වඩා ලෝක අතීතයේ හැම අවස්ථාවේම උනේ මෙවන් නිලධාරියෙක් දෙන්නෙක් බා ගැනීමෙන් රටවල් වනසා දැමීම

    ඉතින් තුට්ටු දෙකේ දේශපාලකයෙක් කොමිස් ගහල කෝටියක් හම්බ කරන එකයි රජයක ඉහල නිලධාරියෙක් නොදන්නා ක්‍රමයකින් ලක්ෂ කිහිපයක් හෝ සාක්කුවට දාගන්න එකයි සමාන නැහැ . අර කෝටිය නිසා නැතිවෙන්නේ මුදල් ප්‍රමාණයක් විතරයි. නමුත් අර මිලියනයෙන් දෙකෙන් මුළු රටක් නැති වෙන්න පුළුවන් .

  5. Shamila Says:

    What ever it is, the way the impeachment process was conducted has raised lot of controversies. President should sack all those government officials and the ministers initiated a controversial impeachment just before the February review of the UN resolution. Lot of damage has been done to the good relationship of the President and the professionals, especially to the government relationship with the legal community.
    Opposition parties have become much stronger after this debate. International community is vey critical on this issue. Now they justify action against our nation, they consider it as interference to the independence of Judiciary. Those cunning fellows within the government who promoted an impeachment debate in early 2013 should be removed, if they continue to stay in those positions they will do more harm to our nation than the opposition parties.

  6. Fran Diaz Says:

    It appears that Madam CJ has broken the Law badly and is desisting being Judged.

    It also appears that GoSL has been compelled to act in haste to halt a dangerous situation being escalated by various people. This had to be done to stop further “damage done to bring down the entire country”, as suggested in the Sinhala write up sent in by NeelaMahaYodaya.

    I also agree with Nilwala : “We ought to recognize the reality of government being imperfect, and that as we strive to make things more perfect, what we may actually achieve as alternative could have downsides from which we may not be able to extricate ourselves. We have past experience of a rather milder form called 13A that is formidable enough as far as the national security of the nation is concerned, to learn from”.

    SECURITY FIRST is our Motto. What has to be done, has to be done, for the Security of the Nation.

  7. Lorenzo Says:

    Why can’t we

  8. Lorenzo Says:

    Why can’t we QUICKLY finish this off?

    Just SACK SB. The more we delay, the more trouble it brings.

  9. douglas Says:

    Dear Kit Athul – Thank you. I am humbled by your compliments.

    I read the high lighted para. Infact my comment was also a reply to that “question”. When I followed the proceedings of this PSC from the beginning, one thing was very visible i.e. the utter callousness and irresponsibility of handling a very important task assigned to a group of Peoples’ Representtatives. The way it unfolded, to say the least was “stinking”and the ending was “most disgusting and un-palatable” to the domestic as well as the International community. In this regard, I do not wish to deal with the events that led to the “withdrawal” of the CJ and her team of lawyers, because public announcements have been made both by the Members of the Opposition appointed to the Committe and the the team of lawyers on behalf of the CJ.

    For your information, NONE of these allegations contained in those two public announcements has been refuted or challenged by the PSC or the its Chairman. Even at at Press Briefing held in the Parliamentary complex by the Governemnt members of the PSC did not deal with these allegation made against the very functioning of the PSC.

    Apart from that, you know how the Government media acted. You should have listened to the SLBC “Dasa Desin” programme conducted by its own Chairman. All these parties too did not behave in a responsible manner, instead it was very visible that they were trying to “please” and “win” the favour of higher authorities. They too completely forgot the very vital “interests” of the Government and the country at this moment of time. In short they too were very much short sighted and contributed in no small measure to tarnish the immage of the country.

    So both parties the Parliamentary Members of the PSC and the Government Media entirely and conveniently overlooked and were completely blind to the “present moment” and “imminent” dangers that our country is faced with in the Internatiinal areana. They should never,ever have given the “ammunition” to the “Defendant” to fire the shots. The defendant was only armed with the “gun”.

    So in my mood of “frustration” and “disbelief” of the way the events were unfolding, I had no alternative but to finish it by making a reference to “Kekille King’s Court”. I hope you understood me. Let us wait and see for the future consequential events that would unfold. The Government and the country (meaning we) have a daunting task ahead. Thank you.

  10. Leela Says:

    Shamila,
    This so-called international community you are talking about has never had good relationship with this government. I am not suggesting for a moment that we should go against it like the bull in a china shop. All I am saying is; we would never have reached what we are today had we followed the advice of the IC. Everywhere they set foot it is nothing but anarchy, mayhem and instability that they have left behind.

    Remember! It is these IC countries that warned us; we can never defeat the terrorists. When the terrorists were about to be wiped out, IC big bosses told us to hand them over to a third party. While the war dragged on they refused to sell us arms needed to defeat the terrorists. They let terrorists to base themselves in their capital cities and collect money to buy arms. When the terrorists are no more and peace prevail throughout Sri Lanka, they wanted to investigate ‘war crimes’. They tried to promote ‘Arab Springs’ here to destabilize the government. They ganged up their media organs to disseminate everything bad about Chinese aid and investments in Sri Lanka. Even the greeze yaka was used to criticize the government. When all failed, they paid black coated Haultsdorf sharks to promote a legal coup. All they want is ‘Regime Change’.

    But majority of us doesn’t want Sri Lanka to be an Egypt.
    Leela

  11. Charles Says:

    Douglas,

    We can imagine how difficult a task it is to run a government in Sri Lanka. You do some thing good it is quickly forgotten, you do a mistake and that is not forgotten. It takes a greater dimension, burying all the past good actions.

    Every body is seeking benefits , why put only the “team who are assigned the day to day affairs of governance”. The President cannot work on his own, he has to have a team and in the team he should have those who he can trust . Therefore his having his brothers around him is a great support for him to carry on his work, for the good of the country and the people. We give more attention to corruption and profiting from the situation.

    That is nothing new in any human society or in any government in the world. These are only secondary , what is most important is, the work that has been done and the work that is being done for the development of the country despite what ever corruptions people complain of. There is more to say on the first paragraph of your comment but I do not want to make the comment too long.

    About the impeachment I have written long in my article to say that it is a democratic process. The people who want to blame this government will go nitpicking on every thing that the government does. What happened really in the PSC no one knows, except those who were present. CJ and the four Opposition members of PSC will say even lies in the defence of the CJ and their own silly stupidity of walking out after CJ. Because the Opposition sees in this matter a chance to topple the government and come into power themselves. CJ running away from PSC shows that she has some thing to hide !!! Please think, without being led by your nose.

    It is only those who are interested in blaming the President and his government who say that the inquiry was not conducted decently. It is a place where educated people were assembled and they knew that if they were to be indecent it will be the “talk of the town”, therefore they would have been compelled to be decent.

    It is a very poor way of calling an official inquiry by the Government of my motherland a Kekilla Court . Those days are gone . People cannot behave that way now. Do not please repeat what others say. The Government has not brought itself to mockery, it is those anti government anti President elements who have subjected the Government and the Country to mockery. I have thought it out Douglas, and quoted from the results of my search in the article. I searched to find answers to painful questions that arose in my mind. What I have written is not “hotchpotch” to praise the President and the Government. I know neither the President nor any one in the Government please believe me.

  12. Charles Says:

    Douglas,
    In this sentence in my comment , ‘We can imagine how difficult a task it is to run a government in Sri Lanka. You do some thing good it is quickly forgotten, you do a mistake and that is not forgotten. It takes a greater dimension, burying all the past good actions. Please read ” you do some thing correct that the opposition thinks is wrong” instead of ” mistake “.

  13. Krishan Says:

    Most of the expatriates do not understand present situation in Sri Lanka. Majority of you all are having obsolete ideas. Government is barking up the wrong tree, Judiciary is the only place which could check and balance increasing crimes and fraud. Corruption is the current problem in Sri Lanka. Principles applicable in the terrorism era are not applicable now. Corruption, crimes and fraud are the factors which are going to destroy Sri Lanka now. It is not the Chief Justice who is corrupt; it is not her husband who was wrong, and those who know the truth knows that orders for share Trans actions have come from above.
    That Trans action did not take place that was cancelled by the NSB chairmen. It is the politicians who are corrupt, when the Judiciary goes ageist them they want to remove the Judges. No point talking about IC, racism LTTE and terrorism in 2012. Sri Lanka is now facing a totally different type of problem. Real patriotism is to protect this nation for the future generation.

  14. Charles Says:

    Krishan

    You begin by “Most of the expatriates do not understand present situation in Sri Lanka.” You seem to know all the answers…..and you end up telling” Real patriotism is to protect this nation for the future generation.” Please tell us who are with obsolete ideas how to protect the nation for the future generation.

  15. Lorenzo Says:

    “Judiciary is the only place which could check and balance increasing crimes and fraud.”

    This is a joke.

    Until now what was the judiciary doing when crime and fraud increased? NOTHING!

    Everyone knows ANY criminal can escape SL courts if the pay a good lawyer enough “jarava”. They do anything for money.

    How many lawyers engage in CRIMINAL, IMMORAL, etc. work? Plenty.

    e.g. Chelva, Ponnambalams, Sumanthiran, Sambandan, Ananda Sangaree, Run-NIL (Batalanda), Siva Pasupathy are all lawyers!!

    Kalu Ajith, Sotthiya Upali, Konawala Sunil, etc. MANY TIMES faced court. Who released them? The judiciary!!

    CJ herself is corrupt!!! So how can she stop corruption or WHY should she stop corruption? Her husband is also a fraud. And so is her son who makes Mervin Silva type of threats to media. A fraud family.

    UNLESS by check and balance you meant, cheque and (bank) balance!!!!

  16. Lorenzo Says:

    In Pakistan, the Judiciary is REALLY more powerful than the government. But has it done any good? NO.

    CIA manipulated Pakistani judiciary to do regime change and look what has happened? A total disaster.

    The international community has its OWN INTERESTS that are CONTRARY to SL interests. If we are to satisfy the international community, we have to become their slaves. Until then they will NEVER be happy.

    But the international community is divided. If we take the US/EU camp, China will scr*w us. If we take China/Russia camp, US/EU will scr*w us. So we can’t do ANYTHING of ANY international “communities”. We have to do what’s good for SL.

  17. Leela Says:

    Krishan,
    It is obvious that one doesn’t have to complete a deal (money or a present that you give to someone so that they will do something for you) to commit a crime. Even asking it amounts to be a crime.

    In the case of CJ’s husband, the share purchase at twice the market rate had been completed. The fact that it was retracted and money returned later under severe public pressure cannot make the crooked deal justifiable or legitimate. In the US, not just husband would be found guilty and send to jail the CJ wife would have been impeached for misdemeanour by now. The fact that US embassy put a different show here is their usual game. And if some of our WOGs fall into their hypocrisy, we cannot help.

    Husband and wife are two different entities, no doubt. Wife cannot be punished for crimes committed by the husband. But the CJ is no politician. She is appointed and is set for life. Unlike politicians, people cannot pack her home either whatever wrong she does. Therefore, the CJ should not only act rightly but seen to act rightly as well.

    Is it not absurd then for husband to stand in the dock accused for fraud when the chief of the magistrate who judge that case, the Chief Justice is his wife? To me it looks beyond a joke.
    Leela

  18. Fran Diaz Says:

    Lorenzo,

    Absolutely agree with you that we have to do what’s good for Sri Lanka.

    ——–

    A few comments on that line of thinking :

    * The People of Sri Lanka will have to watch their Democratic Institutions and report misdemeanors to the Media, if we are to keep our Democratic Institutions in good working order.

    * Also insist on the concentration by those in power to deliver good Basic Needs to the People. Basic Needs of Food, Clothing & Shelter ought to be produced as much as possible in Sri Lanka (Go Green) using local materials wherever possible with local labor, and made affordable. Infuse a little style and good taste into the products and they are almost luxuries. It only needs some care and thought into the process, and we will have a good thing going for the whole Nation.

    * All areas in Sri Lanka must be made multi-ethnic.

    * Sri Lanka as a Nation is still alive and kicking because most of our People are truly decent folk. Therein lies our Strength & Hopes, whatever others say and do.

  19. Charles Says:

    Tha

  20. Charles Says:

    Thank you Lorenzo, You infuse courage.

  21. Nanda Says:

    Charles,
    Have you research enough to conclude “It is not the Chief Justice who is corrupt; it is not her husband who was wrong, and those who know the truth knows that orders for share Trans actions have come from above” was a wrong statement ?

    I have my doubts.

  22. Charles Says:

    Nanda I wrote about the impeachment. The findings of the PSC on the impeachment is not complete without a debate on its report in Parliament. There will surely be a long debate for which the Speaker had allocated 10 days. I cannot go by what others write from hear say and imagination the ” orders coming from above.” You cannot even make a research into that sort of declarations. But the facts are clear if you read without bias, and every thing the orders coming from above and below will surely be debated in Parliament.

  23. Shamila Says:

    Who brought the stupid idea of an impeachment? Has it done any favor for the government? Have you done adequate research on the verdict given by the Chief Justice against UGC chairmen and Additional secretary Priyantha Premakumara? Now the President says President did not want to bring an impeachment, it is the UNP initially complained to the bribery commission, President Want to review the impeachment with an independent panel. Who has misguided the government? Those who wanted to bring an impeachment, are they continue to harm the government by occupying those positions? Will they do more harm? It is worth dong serious and unbiased research on those topics as well.

  24. Charles Says:

    Shamila

    Search was necessary to understand an Impeachment how other parliaments have dealt with it and what is applicable to the present case. The fact before us is that an impeachment motion had been presented to a PSC, and investigated. There are three counts where the CJ had been found guilty. It is up to her to defend those charges, not you, me or some one else.

    The PSC findings will be presented to the Parliament and debated. If you have evidence to prove that the CJ is innocent , then you should meet your MP and give him the information you have, and ask him to bring it up in Parliament when the report is debated.

  25. Shamila Says:

    Not interested at all, by the time they understand underlying issues it is too late. Lot of irreversible damage has been done, if anybody is interested he or she may explain that to the relevant individuals, they may remove those people misguiding the government that might prevent further damage. It is a self destructive process, so it is up to them. Not interested. Bye.

  26. Marco Says:

    Charles
    In your research you may have possibly overlooked the fact, that two members of the PSC had a conflict of interest. the very nature of one the CJ allegations

  27. S Perera Says:

    What ever task undertaken by the UGC has ended up in utter chaos and failure nowadays, that is the reason why people resign just after a Court decision in civilized nations.

    When they continue to stay they try to bring condemnations against court decisions.

    If they persist that could result in complete disintegration of law and order situation in a nation which could end up in more failures to the government. It is a vicious cycle which needs to be stopped by resignation.

  28. Naram Says:

    I listened minutes ago to a fullsome apology by the British Prime Minister to a crime committed – that is murdering an civilian, a lawyer who used to appear for IRA in 1989, accepting the collusion of armed forces in that. At no time in the last two decades did I hear NGOs like Amnesty proposing at UN fora to bring other distant countries like South Africa, Indoneasia and Korea should step in to solve the law and order problems in UK. Actually they did not display an iota of the interest they are showing on Sri Lanka and the corrupt CJ’s impeachment issue. One can only assume that vast sums that LTTE have at their disposal finds its way to grease many palms including those in the acdemic circles political and media circles in the West.

    World over it is an accepted truth that politicians and lawyers have little in the way of ethical concerns; the human rights lawyer Obama has brought remote control Drone bombing on distant parts of Pakistan to a level not seen even under the so called war monger former Pesident Bush.

    Our own human rights lawyer, His Excellency MR openly accepts that he took up the cases of many who brought complaints to him sometimes not knowing the knowinig all the details of the case.

    But surely a society has a right, as MR expounds, to expect Judiciary to behave with a higher standard of demeanour; getting bribes on a colosal scale in all likelihood dwarfing the incomes of any professional in the courts, and laundering it to hide from taxes should surely merit an impeachment in part of the globe. SOme have coomented that PSC have not displayed the right behaviour and expertise.

    One can see PSC is not equipped to to check the authnticity of the data, bank accounts and other minutea. It is said that CJ herself has lost some reports of the investigations into the bankrupt enterprise, handed over to her by former CJ, from which she bought the cut price property for her relative. Presumably, she would have delivered her judgment without the aid of the report if she had a free hand.

    I must applaud the opposition action in supporting the ruling party in accepting the supremacy of the people acting throght the Parliament to uphold justice, not the rotten elements of the judiciary.

  29. S Perera Says:

    Obviously, debate over Judiciary has gone too far and President tries to distance himself from this issue. It is important to follow his decisions. Implications of this issue to the nation are far worse than few benefits expected from a debate on this problem.
    Those elements within the government with the intention of putting the leadership in to trouble this may have been initiated. UNP is the main beneficiary of an increasingly hostile Judiciary to the executive. Some destructive elements planned this may be enjoying all these developments. It is a well known fact that UGC officials promoted resentment to the judiciary. Some people disrupt every thing they get involved and try to put the blame on others.
    Prelates did not like the idea of an impeachment brought at this stage. Those who signed the impeachment are mostly crossed over MPs, it is obvious that there is a preplanned trap to this issue. UNP seem enjoy having a continues debate on this issue.
    They seem to take the advantage of all these developments, and in the meantime they consolidate and strengthen the party infrastructure. President seem to understand the intentions of the individuals who promoted an impeachment. They are not doing any thing good for this nation, they seem to enjoy further disruption of the peaceful coexistence of the society.

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