Senior Minister wants Constitutional amendment: KEEP JUDGES BEING PROBED OFF THE BENCH!
Posted on January 8th, 2013

Ishara Mudugamuwa-Courtesy The Daily News 

*Supreme Court verdict betrays partiality

*Hails Oppostion for exposing malpratices of CJ

Amendments should be brought to the Constitution to suspend judges facing impeachment, from sitting on the bench, until they are cleared of charges, Senior Minister for Rural Affairs Athauda Seneviratne said.

Addressing the media at the Senior Ministers’ Office yesterday Minister Seneviratne said during a pending impeachment against a judge such a person should be temporarily relieved of official duties, to avoid unnecessary complications until a final decision is made.

This should be accomplished in the form of an amendment to the constitution making it compulsory for such a judicial officer to step down from the Bench until the matter is resolved.He said the procedure adopted to impeach Chief Justice Dr. Shirani Bandaranayake is totally constitutional. “But she doesn’t accept it.

For the first time in the country’s judicial history Chief Justice Bandaranayake is trying to create a conflict between the judiciary and the Parliament. For the first time in the history the Chief Justice has also challenged the world Parliamentary system,” the minister said.

Minister Seneviratne also observed the CJ is holding the position of the head of the judiciary, and the whole judicial system is under her control.

“This is borne out by the new interpretation given by the Supreme Court that the Parliamentary Select Committee has no legal power to make a finding that impinge on the legal rights of a judge.

It also emphasized that a valid finding, can be made only by a court, tribunal or a judicial body based on the law and the law only.” “However, it is also clearly mentioned in the Constitution that Parliament can decide on the matter in terms of Standing Orders,” the minister said. He said no other body has the authority to probe charges of malpractice against the Chief Justice.

It is only Parliament which wields this power to take action against the judiciary according to the Constitution. The role of the judiciary is to define laws and regulations enacted by Parliament. Members of Parliament represent the people’s sovereignty . “Therefore all of us should respect Parliament and not challenge it.

The protection of the sovereignty of people is extremely vital for a democratic country such as Sri Lanka. Minister Seneviratne also thanked the Opposition for exposing all malpractices of the Chief Justice. He also requested the Opposition to uncover the malpractices of bureaucrats and even politicians and expose them to the country.

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