Law Professors on impeachment: PROCESS IS CONSTITUTIONAL
Posted on November 20th, 2012

Priyanka Kurugala- The Daily News

* Attempts being made to mislead country

* Present Standing Orders introduced by an earlier govt

The procedure followed in the current impeachment of the Chief Justice is fully in accord with the present constitution although various distortions and misrepresentations are made by certain elements to mislead the country, Colombo University Prof Prathibha Mahanama Hewa said.

Colombo University Prof Prathibha Mahanama Hewa addressing the Press at the Sri Lanka Foundation Institute yesterday. Prof Ven Kumburugamuwe Vajira Thera and Kelaniya University Mass Communication Head Rohana Lakshman Piyadasa too participated. Picture by Sanath Peiris

He said the procedure for impeachment is clearly laid down in the Constitution and no international organisation or the UN can accuse the state of violating the law, he said.

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-It is completely wrong to politicize the issue,ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ he told a press conference at the Sri Lanka Foundation Institute yesterday. He said they considered it their duty to make the people aware of the correct situation in this regard.

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-The impeachment is proceeding according to the laid down law. The responsibilities of the executive, judiciary and legislature have been clearly defined in the 1978 constitutionƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚, he said.

According to the Sri Lankam constitution Parliament has the authority to take up and proceed with the impeachment. The Parliamentary Select Committee will present their findings to the SpeakerƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

This is in keeping with the laid down procedure as stipulated in the constitution. Nobody is working against the lawƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚, he emphasized. Mahanama Hewa also noted that complaints have been sent by the Asian Human Right Commission and others against the impeachment. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-We have to work according to the law of our country or the UN will be the first to accuse us of acting illegallyƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚, he said.

He also said all ministers, MPs and high ranking officials should declare their assets. If not the Bribery Commission should be asked to investigate such individuals.

When the impeachment was presented against former Chief Justice Neville Samarakoon , R. Premadasa was included in the Select Committee.

At present Ranil Wickremesinghe too is a member, he said. He noted that the present Standing Orders were introduced by a previous government adding that if such Standing Orders had to be changed this should have been done before such issues cropped up. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-This is not the time to speak against the impeachment of the Chief Justice before steps are first taken to amend the Constitution,ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ he said.

Kelaniya University Mass Communication Head Rohana Lakshman Piyadasa said the present laws were introduced by the British and they had to follow this legal system.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

If not international organizations as well as UN will accuse usƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. Prof Ven. Kumburugamuwe Vajira Thera also spoke.

6 Responses to “Law Professors on impeachment: PROCESS IS CONSTITUTIONAL”

  1. Marco Says:

    “It is completely wrong to politicize the issue,”

    What makes you think it even crossed our minds?

  2. Marco Says:

    Petitions against impeachment motion against CJ referred to SC?

  3. Lorenzo Says:

    If SB’s men at the SC try to mess with the PEOPLE’S right to rule the country, they must be peacefully reminded who is the boss – the people.

    I hope peaceful means work because otherwise PEOPLE will take matters in their own hands against the corrupt mafia. People have no time or money to waste. So they may use low cost methods to resolve the problem.

    Ultimately its people’s choices that should rule the country right or wrong.

    Too bad some disagree.

  4. Lorenzo Says:

    “Lorenzo Says:

    November 8th, 2012 at 5:39 pm
    “Chief Justice must go to save the judiciary”


    I’m thinking beyond SB.

    After sacking her, Sriskandarajah should NOT be appointed CJ.

    Already his relatives are making BIG MONEY using his position. We don’t want a another SIVA PASUPATHY (LTTE)!!!

    The govt. KNOWS this. So no excuse.”

    Now Micro says,

    “Petitions against impeachment motion against CJ referred to SC?”

    Who did this?

    Sriskandarajah! The new president of the court of appeal according to the website!!

    Loveley!. The NEW SIVA PASUPATHY.

    How can the govt. ALWAYS appoint the wrong person? This is a never-ending saga!

  5. Fran Diaz Says:

    There was a lot of talk that Siva Pasupathy was responsible for most of the present Constitution of Sri Lanka. Is this true ?

    CBK referred to the present Constitution as ‘bahubootha Viyavasthava”.

  6. Lorenzo Says:

    Sri Lanka’s first communication satellite ready to be launched tomorrow

    “Wed, Nov 21, 2012, 10:57 pm SL Time, ColomboPage News Desk, Sri Lanka.

    Nov 21, Colombo: Sri Lanka’s first ever geostationary communication satellite will ceremonially be launched Thursday at 3:43 pm Sri Lanka time from the Xichang Satellite Launch Center in China.

    The satellite would be positioned above the country in the Geo-Stationary orbit at 87.5 degrees East about 36,000 km above the surface of the earth in just seven minutes after its launch.

    The satellite partly owned by SupremeSAT will be operational for commercial purposes in the region by early June 2013.

    The US$320 million Sri Lankan satellite, based on DFH-4 (DongFangHong-4) satellite platform, was manufactured by China’s State-owned China Great Wall Industry Corporation (CGWIC). The satellite has a design life of 15 years.

    SupremeSAT has entered into an exclusive partnership agreement with CGWIC for the design, manufacturing and launching of the satellite.

    The company will launch SupremeSAT-II in 2013 and another fully-owned satellite by December 2015.”


    Way to go SL. This is a historic moment.

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