An Impeachment Motion is a part of Democratic Procedure, but it is strange, the lining up to bash Sri Lanka.
Posted on November 23rd, 2012

By Charles.S.Perera

There is the Constitution of theƒÆ’-¡ƒ”š‚  Democratic Socialist Republic of Sri Lanka prepared by a UNP President in 1978. He was very authoritarian and used his executive powers to the full. He believed America was his friendƒÆ’-¡ƒ”š‚  until he became aware of the hypocrisy of America when he was dropped like a hot brickƒÆ’-¡ƒ”š‚  when he needed America most.

However the Constitution of Sri Lanka is now a legal document containingƒÆ’-¡ƒ”š‚  XXIV Chapters and 172 Articles. It defines the Executive , the legislature and the Judiciary.ƒÆ’-¡ƒ”š‚  Article 107 is onƒÆ’-¡ƒ”š‚  ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Appointment and removal of Judges of the Supreme Court and Court of AppealƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

The procedure set out in Article 107 of the Constitution is as follows:

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-(2) Every such judge shall hold office during good behaviour, and shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of Members of Parliament (including those not present) has been presented to the President for such removal on the ground of proved misbehavior or incapacity: Provided that no resolution for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

Hence Impeachment Motion presented to the speaker of the Parliament is according to the Constitution and is not arbitrary or totalitarian.ƒÆ’-¡ƒ”š‚  It is a democratic procedure according to the Constitution of Sri Lanka. A PSC has been appointed toƒÆ’-¡ƒ”š‚  inquire into the charges and it is therefore up to the PSC to decide on the matter.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  Hence any body making statements against the Impeachment motion against CJ is ill informed andƒÆ’-¡ƒ”š‚  only making an issue of it to discredit the Government.

Though the Executive, Legislature and Judiciary are separate institutions, and the Judiciary stands independent of the rest does not mean thatƒÆ’-¡ƒ”š‚  the Judiciary could act to limit the power of the Executive or the Legislature.ƒÆ’-¡ƒ”š‚  Judiciary has to take independent decisions but such decisions should not be a barrier for theƒÆ’-¡ƒ”š‚  legislature or the executive to take decisions for the development of the country or theƒÆ’-¡ƒ”š‚  welfare of its people and the country.ƒÆ’-¡ƒ”š‚  Judiciary as an Independent Institution within the Constitution of Sri Lanka, cannot stop a Parliamentary bill but it interprets and point out its defects and advises a revision.

A former U.S. Supreme Court Justice Sandra Day OƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢Connor had said:ƒÆ’-¡ƒ”š‚ ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-The concept of the framers of our Constitution in creating three branches of government, when they came to the judiciary, they wanted it independent of the other two branches, so that it could do its job to fairly and freely interpret the laws [of the] Constitution ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

But it has also been argued that ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦. in addition to independence, the Framers believed in another virtue as well ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” the virtue of accountability. As James Madison wrote in Federalist 39, the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-persons administeringƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ our government must ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-be appointed, either directly or indirectly, by the peopleƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦.Even the judges [under the Constitution] be the choice, though a remote choice, of the people themselves.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚  This is why Justice OƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢Connor was appointed by a president who was elected directly by the people and confirmed by senators also directly accountable to the people.

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Independence does not mean a lack of oversight and accountability; judges can be disciplined for serious misconduct on or off the bench. All states have some sort of commission to investigate complaints about judicial behavior. The commissions can recommend removal from office, public or private reprimand, censure and suspension, as well as involuntary retirement. State judges may also face impeachment or recall (where judges are elected.) Federal judges are also impeachable. It is important that people know what judges do.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ (

However the Judiciary cannot be a law unto itself.ƒÆ’-¡ƒ”š‚  It has to be independent but it has to help the government carry on with its political manifesto with which it has come to power.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  It can therefore interpret the law withinƒÆ’-¡ƒ”š‚  the accepted rule of law for the betterment of the people.

Sri Lanka after three decades of terrorism has an uphill task ofƒÆ’-¡ƒ”š‚  reconciling the Communities and create an environment of peace and trust to set rightƒÆ’-¡ƒ”š‚  a dislocated society toƒÆ’-¡ƒ”š‚  take it forward to progress and development. The Government, and the Armed ForcesƒÆ’-¡ƒ”š‚  with its redefined roleƒÆ’-¡ƒ”š‚  as a partner in development have done a wonderful job of work that no other governmentƒÆ’-¡ƒ”š‚  any where in the world has done coordinating with its Armed Forces.ƒÆ’-¡ƒ”š‚  The Armed Forces of Sri LankaƒÆ’-¡ƒ”š‚  are not synonymous with destruction ƒÆ’-¡ƒ”š‚ but ƒÆ’-¡ƒ”š‚ with construction.ƒÆ’-¡ƒ”š‚  They destroyed evil to bring back peace and goodwill.

In USA the Soldiers who ƒÆ’-¡ƒ”š‚ retuned from Vietnam, Iraq and Afghanistan ƒÆ’-¡ƒ”š‚ were psychologically wounded.

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦.. a very large number of veterans havenƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t made it all the way home from the war in Southeast Asia. By conservative estimates, at least half a million Vietnam veterans still lead lives plagued by serious, war-related readjustment problems. Such problems crop up in a number of ways, varying from veteran to veteran. Flashbacks to combatƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ feelings of alienation or angerƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ depression, loneliness and an inability to get close to othersƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ sometimes drug or alcohol problemsƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ perhaps even suicidal feelings.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ (

Those returningƒÆ’-¡ƒ”š‚  from Iraq, andƒÆ’-¡ƒ”š‚  Afghanistan came with invisibleƒÆ’-¡ƒ”š‚  wounds of war such as post traumatic syndrome. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Most of those troops also came home with ƒÆ’-¡ƒ”š‚ traumatic brainƒÆ’-¡ƒ”š‚  injuries and post-traumatic stress disorder, which in many cases were not recognized for months.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚  (The New York Times)

Thanks to the Sri Lanka Defence SecretaryƒÆ’-¡ƒ”š‚  Mr. Gotabhaya Rajapakse our soldiers were able to psychologically redress themselves and adopt to the progressiveƒÆ’-¡ƒ”š‚  climate of development.

This deviation from the topic ƒÆ’-¡ƒ”š‚ is to point out the necessity for every one, every institution, agencies , including the Judiciary have to adopt themselves to the situation we find ourselves after the thirty years of suffering under terrorism.

Therefore the Legislature, Executive, the Judiciary, the University ƒÆ’-¡ƒ”š‚ Professors, the Sri Lanka Media,ƒÆ’-¡ƒ”š‚  the Opposition, the Marxists, the conservatives and the members of the respective communitiesƒÆ’-¡ƒ”š‚  etc have also a duty ƒÆ’-¡ƒ”š‚ to adopt themselves to the need of the day for the ƒÆ’-¡ƒ”š‚ development of the country , bringing the Communities together to put right the wrongs of the past.

The Impeachment Motion against the CJ, is just an impeachment Motion ƒÆ’-¡ƒ”š‚ and nothing else and we have to let the procedure continue without making unnecessary criticism. The Judiciary is independent but the LegislatureƒÆ’-¡ƒ”š‚  is supreme.ƒÆ’-¡ƒ”š‚  Judiciary cannot instruct the legislature how to function, though it may interpret the laws and advise the legislature onƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  the correctƒÆ’-¡ƒ”š‚  procedure.ƒÆ’-¡ƒ”š‚  But the legislature may accept it and make amendments or not accept it.

Because certain parities are against the governmentƒÆ’-¡ƒ”š‚  they cannot say that the democratic process put in motion by the GovernmentƒÆ’-¡ƒ”š‚  isƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  a, “ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦. misuse of disciplinary proceedings as a reprisals mechanism against independent judges ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦…” ƒÆ’-¡ƒ”š‚ because ƒÆ’-¡ƒ”š‚ an Impeachment Motion in terms of the ƒÆ’-¡ƒ”š‚ Constitution has been prepared and present to the Speaker of the Parliament.ƒÆ’-¡ƒ”š‚  There is now a PSC in place inquiring into the Impeachment Motion, and it is up to that Committee to take a decision.

Amal Jayasinghe of the AFP reported, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Rights groups have said the impeachment is the latest sign of efforts by President Mahinda Rajapakse to tighten his grip on power after crushing the Tamil Tiger separatist rebels in 2009 at the end of a decades-long war.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

This is just twisted reporting to fit into an Agenda.ƒÆ’-¡ƒ”š‚  It was reported today by BBC that the Egyptian President Mohamed Morsi has taken over the Judiciary putting himself above the Law.ƒÆ’-¡ƒ”š‚  President Mahinda Rajapajkse would be the last to do that, as he did not taint his Office, as President JR Jayawardhana of the UNP, ƒÆ’-¡ƒ”š‚ by using his executive powers. President Mahinda Rajapakse is also a Lawyer who had practiced law and he knows the importance of the Independence of the Judiciary.

He would not do that to avoid criticism of the International Community, but because he is more sincere and democratic.ƒÆ’-¡ƒ”š‚  He has demonstrated so onƒÆ’-¡ƒ”š‚  many occasion and had not precipitated into actionƒÆ’-¡ƒ”š‚  without evaluating a situation, when all around may have wanted him to react.ƒÆ’-¡ƒ”š‚  One instance is the TNA ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-jokersƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ who leaving aside their Parliamentary responsibilities go roundƒÆ’-¡ƒ”š‚  visiting other countries requesting their intervention on the ethnic problem theyƒÆ’-¡ƒ”š‚  continue to perpetuate with vehemence.

In the mean time the Bar Association of Sri Lanka which should normally be well informed ofƒÆ’-¡ƒ”š‚  the legal mechanisms has requested the speaker to reconsider the Impeachment Motion knowing very well it is now out of the SpeakerƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s hand.

Former President Chandrika Kumaratunga too has spoken out, ƒÆ’-¡ƒ”š‚ as it is a must for her to oppose what ever decisions taken byƒÆ’-¡ƒ”š‚  the President Mahinda Rajapaksa.ƒÆ’-¡ƒ”š‚  She forgets that Sri Lanka is far away from what it had been during her term office.ƒÆ’-¡ƒ”š‚  Even she has to be more cautious about criticisingƒÆ’-¡ƒ”š‚  the government which has been doing things far better thanƒÆ’-¡ƒ”š‚  the government under her leadership.

Chandrika Kumaratunga writing to the Colombo Telegraph says, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-A Member of Parliament who submitted the motion to the Speaker has publicly stated that the reason for the impeachment motion is the Supreme CourtƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s determination on the Divineguma Bill .ƒÆ’-¡ƒ”š‚  As that Bill seeks to make severe inroads into the areas of competence of Provincial Councils while concentrating power in the hands of a single Cabinet Minister, such a determination was only to be expected.ƒÆ’-¡ƒ”š‚  But, in the intolerant political environment that pertains today, judicial decision unpalatable to the Government are not tolerated.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

If the Impeachment Motion has something to do with the Divineguma Bill, there is reason to believe that CJ was trying to usurp the Parliamentary Procedure, and resort to a delaying tactic for whatever reason with out taking a positive or a negative decision.ƒÆ’-¡ƒ”š‚  This judicial lethargy would only delay the implementation of the Bill, which is damaging to the country as progressive Bills should take priority without leaving room for critics and interferes to intervene to hamper the progressive development of the country. But this is not directly or indirectly raised ƒÆ’-¡ƒ”š‚ in the Impeachment Motion, therefore it is only ƒÆ’-¡ƒ”š‚ to divert the attention from the actualƒÆ’-¡ƒ”š‚  ChargesƒÆ’-¡ƒ”š‚  under investigation.

However, Ground View in an article adds as an Editors Note, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-The Supreme Court ruling on the Divineguma Bill presented to Parliament just before this article was published noted thatƒÆ’-¡ƒ”š‚ the Bill has to be passed with 2/3rd majority in Parliament and that Clause 8 has to be approved at a referendum.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

It seems there are unknown hands to stop the Divineguma Bill taking effect, if not at ƒÆ’-¡ƒ”š‚ all at least for some time.

The Daily Mirror in an article To thine own self be true, writes ,ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ The Government is resorting to the impeachment of the Chief Justice, whose appointment was signed and approved by the head of the same regime. To facilitate this process, the Government had sought and collected 117 signatures from the members of Parliament, for this motion to be handed to the Speaker, so that the death knell could be expedited against the last bastion that protects democracy and the fundamental rights of the people.

Can one understandƒÆ’-¡ƒ”š‚  how an Impeachment Motion could be the death knell of Democracy ?

The UNP Media Spokesman Gayantha Jayatilleke, MP had said, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-The whole world knew what the real reason for presenting an impeachment motion against the Chief Justice was. She was being targeted due to her constitutionally correct order that the Divineguma Bill had to be approved by all the Provincial Councils before the Supreme Court could rule on its validity, the MP said.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

DoesnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t he exaggerate when he says that the whole world knew the real reasonƒÆ’-¡ƒ”š‚  for presenting the Impeachment Motion ? The Divineguma Bill may have been the cause but the result is the availability of evidenceƒÆ’-¡ƒ”š‚  toƒÆ’-¡ƒ”š‚  bring 14 charges for an Impeachment Motion. The Motion does not site the Supreme court decision as a Charge.

In an articleƒÆ’-¡ƒ”š‚  in the Financial Times ofƒÆ’-¡ƒ”š‚  London reproduced in theƒÆ’-¡ƒ”š‚  Indian Express by Venket Narayan states , ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-ƒÆ’-¡ƒ”š‚  ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦, many observers say Mr Rajapaksa is moving in the other direction, with fresh threats to judicial independence and recent moves to centralise yet more power in the hands of his family, notably his brothers Gotabhaya and Basil, who control the army and economic development, respectively. The highly-regarded newspaper quoted one unidentified western fund manager as saying: “Sri Lanka has lots of potential, but only if the megalomaniac tendencies of the President and his brothers can be brought under control;ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

We see which way the diabolic Western Media goes.ƒÆ’-¡ƒ”š‚  They have not hesitated to bring in the President and his family into the fore as at a drop of a coin-rallying around the Impeachment Motion to bash Sri Lanka.

The reason of undue concernƒÆ’-¡ƒ”š‚  of the West about what ever is taking place in Sri LankaƒÆ’-¡ƒ”š‚  boils down to the following extracts taken from the same articleƒÆ’-¡ƒ”š‚  referred to above: ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-According to the newspaper, concerns in western capitals have focused on Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s new ports, which some defence analysts think could form part of a series of military bases and other Chinese-backed projects around the Indian Ocean known as the “string of pearls.”

The daily wrote: “Such developments worry India too, which frets about any Chinese presence close to its borders and about domestic political pressure from its 61 million Tamil citizens seeking action to help their fellow Tamils to the south.”

They have nothing to do with the Impeachment MotionƒÆ’-¡ƒ”š‚  except to make it an occasion to bash Sri Lanka, but their main concern is ChinaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s influence in Sri Lanka.

In addition the USA not wanting to be left out in the imbroglio has issued a Statement, through its State department spokesperson Victoria Nuland, ƒÆ’‚¢ƒ¢-¡‚¬ƒ… a statement referring to the impending impeachment of Sri Lanka’s Chief Justice Shirani Bandaranayake on Friday, was in fact expressing its concern that this South Asian nation’s administration is on its way of making the nation’s judiciary a captive branch.

In saying “We urge the Government of Sri Lanka to avoid any action that would impede the efficacy and independence of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s judiciary”, the State Department is concerned that the measures taken by the Sri Lanka government erodes or removes the effectiveness of the nation’s judiciary. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-

This is from a country which even impeached its own President.

She adds: “The United States, along with our partners in the international community, continues to urge Sri Lanka to address outstanding issues of the rule of law, democratic governance, accountability and reconciliation.”

At the moment America is in a bit of a ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-hell holeƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ , with the economy not redressing, poverty line increasing,ƒÆ’-¡ƒ”š‚  people affected by natural disasters still not attended to, and continued war in Iraq, Afghanistan and PakistanƒÆ’-¡ƒ”š‚  not seeing a quick end with more and more civilians being killed, Syrian war likely to turn into another Libya, continuing embargoes in Cuba etc.ƒÆ’-¡ƒ”š‚  But yet they are poking their nose into the affairs of Sri LankaƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  where in reality they have nothing to do.

These multiple attacks on the government of Sri Lanka ƒÆ’-¡ƒ”š‚ goes on inside Sri Lanka with the Opposition political parties, and outside with the International Community and their stooges.

But all the fuss about an Impeachment Motion against the CJ, which has been placed before a PSC for investigation.ƒÆ’-¡ƒ”š‚  If the charges against the CJ are not proved the Impeachment Motion will be declared void, if proved her services will be terminated.ƒÆ’-¡ƒ”š‚  Therefore there is nothing for any one to worry about a simple democratic procedure by the elected representatives of the people in the Parliament.

16 Responses to “An Impeachment Motion is a part of Democratic Procedure, but it is strange, the lining up to bash Sri Lanka.”

  1. Kit Athul Says:

    Ranil has already started to write a new constitution for SL! The tax payers money that was allocated by the 2013 budgt. There must be a law passed; that no one attempts to write a new constitution for SL. Only amendments to the excisting constitution is allowed. No UN personal should be allowed to participate in any form or add comments.

  2. Dham Says:

    If what Kithsiri Ayya says is true, that is a proof of boneless “Golubella” leadership.

  3. Dham Says:

    Discrimination of innocent poor Sinhala is continuing in favour of Tamils, even after 55 years after their British masters left.

  4. Sam Perera Says:

    Dear Charles,

    It is well within the constitutional powers of the legislature to impeach a CJ. However, in the current proceedings, the reasons for impeachment is as clear as mud. The allegations include her sister’s property and a fundamental rights event happened in 1992, long before she ever became a SC judge. If you may reflect these facts, they amount to nothing more than cooked up charges. Please try to dissect the tabled allegations to see if any one them amount to an impeachable offense.

    I am not a fan of a particular judge but I see this kind of proceedings as an attempt by the executive and legislature to overrun the judiciary. Make no mistake, there should be accountability everywhere. However, a veneer of accountability based on false allegations is not accountability at all.

    We are great admirers of President Rajapakse for defeating LTTE terrorists and bringing peace to Sri Lanka. In fact, I personally rank President Rajapakse with Dutugemunu and Vijayabahu the Great for that achievement. The president has enough political and goodwill capital to carry forward our national interests. We want him to carry forward all that great work. However, if he wants to be truly remembered as Dutugeumnu or Vijayabahu by future generations, this impeachment circus has to be stopped.

    In a time our leadership is not doing the things for the nation in the very best way can and seemingly acting as if they are immortal, I would like to add a famous quote for everybody’s reference.

    “vayadhamma sankhara appamadena sampadetha”

    “All compounded things are subject to vanish. Strive with earnestness!”

    -The final admonition of the Buddha Gotama to his disciples (DN: Mahaparinibbana Sutta)

  5. Charles Says:

    Dear Sam,

    I appreciate your comment. My admiration to President Mahinda Rajapakse has nothing to do with what I wrote. As you say in the first paragraph the Impeachment motion is well within the Constitution. The Motion had been presented to the Speaker in well and due form. The Parliament has appointed a PSC to investigate into the Charges. Now it is up to the PSC to investigate taking into account the defence of the CJ. The matters you point out in your comment may be correct, but the lawyers of the CJ has to prepare her defence, and perhaps the matters you point out may be taken into consideration.

    It is now for the PSC to decide and that is according to the Constitution not out side the constitution and not arbitrary. Why should we “boil our blood” on the issue ? Why should we make it an occasion to doubt the bona fides of the President to serve the country and the people at any cost ? If the CJ had been a barrier in the execution of the Mahinda Chintanaya, then she had erred.

    I was scandalised by the way the Bar Association of Sri Lanka had reacted to the issue.
    Even an ordinary case being heard in a court of law is sub judice, and it should not be made a subject of public discussion. Therefore as I have pointed out in the last paragraph of my article we should let the proceedings take its course, we cannot sit on judgement and ask for the removal of the Impeachment motion.

    I admire the President because he is a man with determination to do what is good for the country what ever would be the end result. It could have been none other who could have eliminated terrorism and brought peace to Sri Lanka.

    For me he is neither King Dutugamunu nor King Vijayabahu , but just an ordinary man determined and forthright. Just an ordinary Mr. Mahinda Rajapakse, elected by the massive support of the ordinary people of Sri Lanka to be its President.

    The ordinary people cannot be wrong.

    It is the so called educated “we” that accept a man when things are in our favour and reject him when they are not in our favour.

  6. douglas Says:

    Dear Charles – From the very biggining this whole thing of “Impeahment” has been “Politicized”. Why? The answer I could give is – “it’s timing”. There could be other opinions too.

    We all know it came immeadiately after the Supreme Court judgement on the Constitutionality of a “Draft Bill” in Parliament. The Government expected it to be “normal procedure” to refer to the SC and nothing major remarks would be sent back. Then came the conveyance of the decision addressed to the “Secreetary” of the Parliament but the Speaker as stipulated. As we all know the Speaker took strong objection to the channel of communication follwed by the SC. This matter was placed before the Parliament in the stongest language of condemnation by the Speaker. Along with this came various discussions at the Temple Trees and other forums. This was to set the stage for a “big show down”, perhaps by the very Legal Pundits who drafted the” Bill” without considering the Constitutional provisions to be followed in getting it through the Parliament. After all “they” have to cover their “A…..H……” That is understanable.

    Next we were surprised with 118 MPs signing the (some say a “blank paper”) of alleged “misconduct” by the Chief Justice and seeking her impeachment. The charges have been widely published and no can prevent its discussion by the Public for or against it. Even some of the Ministers like Pof: G.L.Peiris referred to one charge of the appointment of the Secretary to the JSC and stated in public that the 26th person on the list of seniority has been selected to function in that position. The very charges, as presented to the defendant are said to contain “inaccuracies” and other “deficiencies” and it is “rumoured” the very signatories want to amend the charges.

    All these developments point to one fact i.e. this was a “hurried job” masterminded by a” group of vultures” hovering around the “governing instituions and personnel.”

    Therefore, in my personal opinion, can you prevent the “Lining up to bash Sri Lanka?.

  7. Charles Says:

    Dear Douglas,

    Lining up to bash Sri Lanka began a a few months ahead of the elimination of terrorism. This will continue until the West succeeds in a regime change. You may perhaps remember or know how the West and the oil cartels reacted to SWRD Bandaranaike’s nationalisation of the oil companies.

    Recently I was listening to Sandiaga Uno one of the 47 richest men in Indonesia. He said success attracts jealousy and faultfinding. That is exactly what has happened to Sri Lanka. No one bothered about Sri Lanka for almost 27 years when it was being battered right and left by the terrorists, but since the elimination of terrorism they are all there lining up to bash Sri Lanka.

    Douglas if you are not a lawyers you may be one who knows about law. The legal decisions are also opinions basing on the available facts interpreted by the judges. Those decisions can of course be argued and interpreted in different ways to make them binding. Most often it is the experience of the CJ that counts. Even if there are thee Judges it is the CJ’s “opinion” that is finally presented as the decision of the SC.

    If it is the Divineguma Bill you refer to , in my opinion the CJ could have taken a different judgement based on the same arguments she put forward to return the Bill to the Speaker. I think it was decided that if the North had no elected Provincial Council it should be considered as the Northern PC had refused to accepted the bill.

    But then, why could not she have argued that if there is no PC in the North the Bill which had been accepted by the eight other PCs and signed by the Governor could be considered as having been accepted by the Northern PC ?

    That Douglas you will agree is a sound argument unless the majority of the three Judges did not agree.

    Not wanting to make the comment too long, it is my opinion that it is not correct that a clamour is made outside the Parliament requesting the withdrawal of the Motion.

    If the charges against CJ are not proved the PSC will rule that the Motion is void.

  8. Kit Athul Says:

    Dham, this is where Kithsiri Ayiya got his info. November 19th 2012. Sunday Island, By Saman Indrajith, “Tiran Alles, said in the Parliament”, “Since Ranil became the oppreciation Leader, he has spent, Rs. 86 million.” The one I could not find is waht is the speech Mr. Grero, MP for Rathmalana, gave. He said in the parliament, that Ranil has formed a UNP committee to write a new constitution for SL. Then he told Ranil that the 2013 budget allocation of funds are from the TAX payers money and not to mis-use it for personal gains.

  9. Kit Athul Says:

    Charles, Douglas is a layer living in England.

  10. Charles Says:


    Then he should understand the situation better

  11. sena Says:

    The irony of this investigation is that the panel consists of people (and their colleagues and those officials and professionals who are in good terms with them (including this CJ and her husband until recently)) who have done far worse financial and ethical misdeeds than the CJ is accused of and they face no repercussions. Actually they will continue to do so without any fear of prosecution or moral reproach. Even if someone with integrity like Kotte Sobitha thero raise such issues the response of our investigative arm is that it has no power to check in to the financial dealings of the miscreants. This has gone in to such ridiculous levels that the scoundrels are taking money from state banks and their identity is protected by law. This situation is not something that materialized overnight and was in existence since independence with increasing severity. One would have expected this to change after the sacrifice of close to thirty thousand brave lives so that others like these scoundrels can go about their chores without getting their as’es blown off. But it looks like not to be the case. Just like a family that does not stick to hard work and honesty fail, a society that is lead by dishonest politicians, officials and professionals will have no future. The writer is putting forward opinions from the West, but what he conveniently forget is that in the West there is no selective application of law and most of politicians and officials currently holding office will be in jail if they are in the West.

  12. Lorenzo Says:

    The impeachment is WELL WITHIN THE LAW.

    It is the democratic way of doing things. A CJ is NOT above the law. Especially when her husband USES her protection to rob the nation.

    The next question is are those i the PSC whiter than the CJ? No. But does it matter?

    Are the lawyers and judges cleaner than the criminals they judge? NO. Same thing.

    We have to use the EXISTING systems to get justice done as much as possible. However you look at it, SB is NOT suitable to remain CJ. That is the main thing.

  13. Lorenzo Says:

    After the impeachment thing started 3 MPs and a former CJ have made moves to join the govt.!!!!

    Surely they know the public sentiment.

    Arjuna, Tiran and another DNA MP have RESIGNED from DNA to remain “independent” in parliament.

    Sarath Silva first CRITICIZED the impeachment, then PRAISED it.

    They were the DARLINGS of those who are against the impeachment just a few months ago!! What happened?

    How are the biggest crooks – PRO-IMPEACHMENT or ANTI-IMPEACHMENT?

    That 118 and PSC include some crooks.
    Some PRO-IMPEACHMENT protesters are crooks

    CJ’s husband is a crook
    CJ’s conduct in protecting him is crooked.
    MOST ANTI-IMPEACHMENT protesters are crooks.
    MOST ANTI-IMPEACHMENT lawyers are crooks (sharks).
    ALL ANTI-IMPEACHMENT MPs are also crooks.

    Which scale is heavier on corruption – ANTI-IMPEACHMENT!!!

    Just imagine the CJ equal in US, UK or Australia did a 300 million dollar corrupt deal and awaiting justice at the bribery commission? The CJ will be SACKED!

    Why a different rule for SL?

  14. douglas Says:

    Dear Charles – Thank you for the response. I only responded to your subject matter i.e.”An Impeachment Motion is a part of Democratic Procedure, but it is strange, the lining up to bash Sri Lanka”. I tried to explain why the Public discussion began to “praise and bash” on this issue of “Impeachment Motion”, in that , my effort was to show how things can be very wrongly handled and presented to create suspicion of motivations. So please do understand me in that context only.

    Apart from that I did not intend to proceed to analyse the Judgements – how they are made and how they are presented/represented etc. That is neither your subject mattter, I believe, and nor the forum to discuss court cases indeaptha. My reference to the “Draft Bill” and the SC ruling was only to give the “environment” that would have lead to the “timing” of the Impeachment Motion and nothing beyond that.

    As regards your “historical” ananysis of “bashing Sri Lanka” has been and continued for the last so many, many decades and I too agree with what you say. My opinion on that subject is that the successive Governments who came to handle the administrative functions messed up the affairs so badly that left room to bash Sri Lanka and in that respect every Leader and his/her political “gangs” were and are responsible. Unfortunatley, this trend continues even today

    Charles – Thank you.

  15. Lorenzo Says:

    Those IGNORANT of the law please read the CONSTITUTION without scurrying in the dark.

    You can teach an ignorant person who KNOWS he is ignorant, but you can’t teach a fool who thinks he knows everything.

    “Every such Judge shall hold office during good behaviour, and shall not be removed except by an order of the President made after an address of Parliament, supported by a majority of the total number of members of Parliament has been presented to the President for such removal on the grounds of misbehaviour or incapacity …”

    Law also gives what to do with CJ.

    போலி வழக்கறிஞர்கள்!!
    குற்றவியல் CJ!!


  16. Vis8 Says:

    In its history, the USA has impeached two supreme court chiefs: oh, but that was “according to the constitution”…………………

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