Minister Wimal Weerawansa–Courtesy The Daily News

Views expressed by National Freedom Front Leader and Construction, Engineering Services, Housing and Common Amenities Minister Wimal Weerawansa, on the Impeachment motion against the Chief Justice.

DonƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t we expect that moral duty from people holding high posts. That is where the problem lies. When the UNP tried to bring in an impeachment it was published in the Ravaya paper. JVP Parliamentarians said in Parliament that her husbandƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s name was the same as the name of the NSB Chairman. They said his wife is in such a high post in the Judiciary and asked whether it is correct to hold such a post.

This clearly shows where this clash started. By getting the request made with good intentions in writing they went public alleging that pressure is being exerted. It was announced for the world. Did the public ask the CJ whether there is pressure exerted on her. No. It was announced to the international community. What is the intention behind it? What is the need. To show that there is no law and order in Sri Lanka.

To say that ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Sri Lanka has no ability to conduct an independent investigation on war crimes. There is interference and pressure on the Judiciary. There is no independence.ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ There is no reason to say it but the CJ created a reason in her capacity as JSC Chairman by getting the JSC Secretary to issue a statement to show the world that they were summoned for a discussion to exert pressure. If this is not an international contract then what is it.

Did the people of this country ask the CJ whether she met the President.

Some people are asking her whether I am dreaming. Is the distribution of 1,000 US Dollars each among journalists, delivering of lectures by NGO operatives and the resolution before the UNCHR in Geneva and plans are afoot by US to bring another resolution in March mere dreaming on my part? We see these problems and challenges when we look at the whole picture. I said that if she is a dignified lady she should tender her resignation.

It did not happen. She is occupying the highest post and presiding over matters related to her husbandƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s case. Will the husbandƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s case be heard properly? ArenƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t these problems for those in the legal sector today? I told you that she came to the PSC to show that there is no clear procedure. Their other plan was to file cases in Courts against the PSC through other parties. Notices were issued to members of the PSC to appear in Court. The Speaker gave an order saying those summons were unacceptable.

Their plan was for the opposition members to walk out of the PSC on December 6. They thought that we will obtain an extension of one month by tabling a motion on December 7. They thought that when they do this on the eve of parliamentary recess on December 8, the PSC would be unable to prepare and submit a report within two days. I will argue with anyone to prove that the argument made by both opposition members, and Romesh de Silva PC is the same. Then they next planned to nullify the PSC by getting a Court Order as it was due to start its sittings saying it was against natural justice. If the Court accepted their argument the four opposition members also had appeared on behalf of that argument.

International forces

Then a background will build up for the Courts even if there was such provisions in the Constitution or not this would offer them some strength. Why I say this is because the CJ is still functioning as the CJ. She can bring up cases through other parties on her behalf if she wanted to. This is a situation which can be described as trying to be oneƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s own jury and prosecutor. If any one says I am defaming, I challenge him to take me to Courts and send me to jail. But people of this country should know that no one can be allowed to rob their sovereignty on the compulsion of international forces. This is a country built up by the people after defeating terrorism sacrificing their sweat and blood. This is a government and a leader they had build up. There is no problem if the people wanted to drive away the government through the ballot even tomorrow. If you want an election ask it through the opposition and get it. If not conspirators and pawns brought up by Dollars and Kroners cannot be allowed to topple government. If the opposition leader wants we on our part and the President himself will give an election no sooner it is requested. Do so, if you think the people are opposed to the government and it can be driven away by the ballot.

So please understand this agenda and the whole picture. They would obtain a Court Order prohibiting the PSC. Thereafter the PSC continues its work disregarding the Court Order. When the PSC order comes, Court will say its null and void as the PSC is prohibited. But their plan misfired. The PSC performed its duty disregarding the oppositionƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s walk out and looked into five allegations. Two allegations were clearly established. We said we cannot come to a final decision regarding other allegations. The PSC gave its order. No one is saying whether this order is correct or not. No one is asking whether the decision in the first allegation and the second allegation are true. Why doesnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t anyone raise this question. A Bench headed by Justice Shirani Thilakawardene after hearing the innocent Ceylinco DepositorsƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ case devised a plan and ordered that depositors be repaid their money systematically step by step. I have seen the depositors saying if they worked according to this plan they would have received 43 percent of their deposits by now.

PeopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s vote

But suddenly a petition comes asking that this be referred to a five member bench of Judges. Justice Shirani Thilakawardene goes to CJ and tells her that there is a petition to appoint a five judge bench. The CJ instead of enlarging the bench to five members comes back with two of those Judges sometime later. Those two Judges also opt out subsequently. When there is a request for five judges she says that is wrong and conducts the case by herself. Finally, that plan is changed. Then the sister gets a house. They say it was bought but I donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t know. There is reference to it in the motion. Janaka Ratnayake said he himself went and showed it. She had come in a car and got a Muslim employee dismissed saying he failed to pay her due respects. Janaka Ratnayake said in his evidence that he dismissed with the employee without even holding an inquiry. That manƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s human rights were ignored. If it was a politician or an actor people would have known him. That man would have not known that she was CJ and just waited.

Due to this relationship, the Ceylinco case changes its course. The plan which was in favour of the depositors had been altered. That is independence of the Judiciary. No one should lay hands on them. A person who becomes helpless in this manner has to seek the support of the peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s representatives.

The Executive can be chased out by peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s vote. The legislature can also be chased out through peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s ballot. But the Judiciary has no relationship with the people. The Judiciary has been distanced from the people to a great extent. It is good to take over a case of innocent depositors and change its course. But the tabling of an Impeachment with the signature of 117 MPs is wrong. Its hearing and the decision is also wrong.

Then there were the written submissions made on behalf of the CJ by her legal firm. The next step was to go for oral submissions. Then they asked three weeks time for the oral submissions to be made. We told them to bring witnesses when coming for oral submissions. We clearly told the CJƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s senior lawyer that an investigation would be held regarding allegation 1 and 2 of the motion at 1.30 pm on the relevant day and there is permission to make submissions to disprove the allegations and summon witnesses and if the witnesses are named they can be summoned before the PSC.

Now they are saying witnesses were not allowed and lists were not given and this and that. It is crystal clear that they had a set plan to obtain that Court Order. Since the PSC completed its work they could not go for that target. Therefore she filed a case. The motion is submitted by MPs. The investigations are also made by MPs. The accused is the CJ. The question is whether it is right or wrong. But is it correct for me to hear my own case. Is it right or wrong for me to hear my husbandƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s case. Is this the independence of the Judiciary.

If this is the so-called independence of the Judiciary may God bless the Judiciary.

When the PSC submitted its report by December 8 their strategy misfired. Then the CJ filed a case and summons have been issued on the Speaker and the Parliament. Now I am speaking outside Parliament. If they want they can file a case saying I defamed the Judiciary. Is there a law which categorizes as to what is defamatory of the Judiciary.

Now they are asking whether there is a procedure and Standing Orders. Our PSC at least has Standing Order. There is a Parliamentary procedure.

But she filed a case and itƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s being heard by a panel of Appeal Court Judges. For sure I can guess what the result would be. We are only scared of the people of this country not anyone else. If a wrong is done to the people and if there is an attempt to plunder peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s verdict we will never leave room for it.

This Court now gives an order saying that the PSC has not ensured natural Justice.

Therefore make it invalid. This is the decision they are going to take. After taking that order she will continue in office. At this moment a report has come from Parliament. Thereafter it will debate it and approve or reject it in January. If it is approved the President will be notified about it. Even if it is done it is not mandatory on the part of President to remove her. This only explains that if the President wants to do it he is given the opportunity to do it. Then the President will decide to remove her. But she will not move out. She will obtain a decision from her Court saying the ParliamentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s action is against natural justice.

Judicial powers

This is what she is trying to do. If this is false, take me to Court and punish me. You are taking your own case before a three member bench appointed by you and they will give an order you want by saying the PSC is wrong and itƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s null and void. Then you are rejecting an order given by the President in keeping with the Constitution. It is the situation of duplicity the West wants to create. A CJ must be insane to act in this manner. I never think or dream that she is insane.

The Constitution clearly states that Judicial powers are exercised through Parliament. Even when this is clearly stated in the Constitution an order will be taken by making a law point here and there. Such an order will create conflict and through this conflict the country will be taken to an anarchic situation and destabilized to make it a trump card for the resolution in Geneva next March. They will say there is a conflict between Parliament (legislature) and Judiciary and there is no environment conducive to implement law and order and an international investigation should be conducted.

The picture needed for this is being created by the CJ, WeliamunaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s, SaravanamuththuƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s and SumanthiranƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s and the NGO operatives too are there. Romesh de Silva appeared for the CJ. He is the same lawyer who appeared for the owner of Ceylinco in the Ceylinco depositors case. It is clear that their agenda is to create this conflict.

They are all receiving funds from NGOs to create it. What they are trying to do is to take revenge for defeating the Tamil separatist movement through the war. Who are the people behind this? It is these very same forces. Wijedasa Rajapaksha is the President of the Bar Association of Sri Lanka. Who is he? He is a UNP Parliamentarian. Is the Bar Association therefore independent? If the Inter University Students Federation becomes JVP when its convener is a student faithful to the JVP does not the Bar Association become UNP oriented. People like Wijedasa Rajapaksha changed the government and crossed over to the UNP before the war.

That was to oppose the conducting of the war. The same wicked forces which rallied round the enemy during the war have flocked round her today to direct her. Sarath Fonseka suffered the same fate. He is now in a helpless state muttering something. This is a movement carried out to achieve international objectives. She is a person who got down a written invitation in her capacity as JSC Chairman to attend a discussion on the Budget and publicized it to tell the world that there is interference in the Judiciary. She is the person who has not resigned her post when a case against her husband is being heard in the Courts. Such person is a person trying to create a conflict situation. Look at the Court rulings that have come since then. We have no qualms about the Divi Neguma bill. A government with a two third majority can get any good Bill passed. We can get any Bill passed with a two third majority if they are amended through a referendum. Therefore we donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t need any assistance from Courts to get a Bill passed.

But what is the gist of all Court decisions given. Each and every decision included the agenda of federalism.

The Provincial Council list given in the Court decision was the same as that submitted by TNA Parliamentarian Sumanthiran. Accordingly the Provincial Council list is bigger now. What is the plan of the separatist agenda. People like Sumanthiran will get the Northern Provincial Council set up by keeping her in her post continuously. Thereafter they will demand Police and Judicial powers. Through devious Judicial means they will strengthen the Tamil Communal agenda and cause instability, desired by international forces. Who can look aside by allowing this to happen. Did we liberate the country from Tigers to bring about instability once again and create out extinction. What is the just right the CJ has to act like this and hear her husbandƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s case to resolve her personal problem and thereby drag the country to such an agenda.

If her agenda is allowed to materialize what will happen to the peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s power which elected the other side with a 1.8 million majority when the TNA, SLMC, UNP and the JVP were contesting the election as a single camp under the leadership of Sarath Fonseka. Are we to look the other way allowing peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s power to be defused? No. Please identify the entire picture of this conspiracy clearly.

This is a movement included in a separatist political agenda. DonƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t try to sweet coat it by falsely adding catch words like democracy and independence of the Judiciary. It is wrong to do so. Now most of the lawyers have been misled. They have got hold of only their pet words. Instead they should look at the whole picture and realize that this is a new struggle of the same forces which opposed the war against Tiger terrorism through a new approach or process. So please decisively keep alert about this.

This conspiratorial operation should be soon defeated. The President should take stern measures about this. We cannot allow the peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s sovereignty and their power to be reversed and undermined by activities of robbery conducted through a person or persons holding high posts. This is the appeal we like to make. We request you to identify all these factors properly and join hands to overcome these challenges.

Concluded