By Charles.S.Perera

The Editor of the Ceylon Today wrote on the 9 December, 2012, a Requiem for Justice.ƒÆ’-¡ƒ”š‚  But heƒÆ’-¡ƒ”š‚  madeƒÆ’-¡ƒ”š‚  a mistake .ƒÆ’-¡ƒ”š‚  The Justice in Sri Lanka is still alive and vibrant. ƒÆ’-¡ƒ”š‚ The Ceylon Today is already an outmoded journal with its name itself being an indication of trying to bring back some thing which is no more- ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-CeylonƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

What is dead like a Dodo is an independentƒÆ’-¡ƒ”š‚  nationalƒÆ’-¡ƒ”š‚  media in Sri Lanka. Sri Lanka should have a national media to defendƒÆ’-¡ƒ”š‚  it against theƒÆ’-¡ƒ”š‚  rapacious West which is prowling like a beast of preyƒÆ’-¡ƒ”š‚  to divide Sri Lanka,ƒÆ’-¡ƒ”š‚  make it poor, and dependent on the rich nations of the West. Nonetheless, Sri Lanka whichƒÆ’-¡ƒ”š‚  takes life afreshƒÆ’-¡ƒ”š‚  from the attacks ofƒÆ’-¡ƒ”š‚  its antagonist, is like the mythical PhoenixƒÆ’-¡ƒ”š‚  capable of rising even if it is reduced to ash. So do not write requiems for what is still not dead.

The dead are those men and women in black cloaks who are thereƒÆ’-¡ƒ”š‚  to defend theƒÆ’-¡ƒ”š‚  Justice they practice as a profession without making it a meansƒÆ’-¡ƒ”š‚  to make unjust benefits in the name of Justice. The Requiem should have been for them.

In the Requiem for Justice,ƒÆ’-¡ƒ”š‚  Ceylon Today states, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦. with the lop sided Parliamentary Select Committee, devoid of any neutrality, probity or decency,ƒÆ’-¡ƒ”š‚  finding the Chief Justice, Dr. Shirani Bandaranayake, guilty of three of the five charges that were probed. This is deemed sufficient cause for impeachment.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

The Editor ofƒÆ’-¡ƒ”š‚  Ceylon Today is completely ignorant what is anƒÆ’-¡ƒ”š‚  Impeachment, how it works , and how it arrives at a conclusion.ƒÆ’-¡ƒ”š‚  Ceylon today speaks as a defender ofƒÆ’-¡ƒ”š‚  the Impeached Shiranee Bandaranayaka and notƒÆ’-¡ƒ”š‚  as an independent nationalƒÆ’-¡ƒ”š‚  electronic news paper, informingƒÆ’-¡ƒ”š‚  a public of the results of an inquiry into charges against a Chief Justice, and finding her guilty of certain financial transactions.

The Editor of Ceylon Today cannot sit onƒÆ’-¡ƒ”š‚  judgement of an Impeachment already inquired into by a democratically elected Parliamentary Select Committee following the age old Parliamentary traditions of old democracies.

How such traditions could be calledƒÆ’-¡ƒ”š‚  lopsided is known only to the Editor blinded by his devotion to an impeached Chief Justice.ƒÆ’-¡ƒ”š‚  The Parliament of Sri Lanka had appointed a Select Committee according to the Constitution.ƒÆ’-¡ƒ”š‚  The members of it were Parliamentarians elected by the people.ƒÆ’-¡ƒ”š‚  Four of them leaving the Committee for personal reasons abandoning their responsibility to carry outƒÆ’-¡ƒ”š‚  the duties they had been called upon to perform by the Parliament, do not still make that Parliamentary Select CommitteeƒÆ’-¡ƒ”š‚  lopsided.

As pointed out the Members of the Select Committee who are Members of ƒÆ’-¡ƒ”š‚ Parliament appointed by the people cannot be accused as , ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦. devoid of any neutrality, probity or decencyƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚, unless it is a means to derogate the members of the Parliamentary Select CommitteeƒÆ’-¡ƒ”š‚  to defend the Chief Justice Shirani BandaranayakaƒÆ’-¡ƒ”š‚  found guilty of three charges inƒÆ’-¡ƒ”š‚  the Impeachment Motion.

The Select Committee has presented its report to the Speaker and the speaker hasƒÆ’-¡ƒ”š‚  stated that it will be presented to the Parliament for a debate.ƒÆ’-¡ƒ”š‚  Therefore there is no reason for the Editor of the Ceylon Today toƒÆ’-¡ƒ”š‚  jump to conclusions and write requiems.

The Editor gives as reasons for his Requiem, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦.. the calculated nature of the whole process, the verdict shouldnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t have really come as a surprise. With the seven/four composition of the PSC, ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”guiltyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ was a given.ƒÆ’-¡ƒ”š‚  But the unholy haste with which the verdict was arrived at, especially in the backdrop of the high octane dissent, displayed by the so called, chief accused and the ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”independentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ segment in the PSC, which saw both parties stage a ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”walk outƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢, does compel one to pen a requiem for justice.ƒÆ’-¡ƒ”š‚ ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

Guilty or not guiltyƒÆ’-¡ƒ”š‚  is not dependent on the Seven/four composition of the PSC, the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-unholyƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ haste with which the verdict was arrived at, orƒÆ’-¡ƒ”š‚  in the running away of the defendant, or the walk out of the four Parliamentarians more devoted to an accused CJ rather than respect to their responsibility as Members of the Parliament.

The Chief Justice was found guilty on the evidence placed before the PSC according to which there is reason to believe that CJ is in fact guilty.ƒÆ’-¡ƒ”š‚  But her walking away from the CommitteeƒÆ’-¡ƒ”š‚  without defending herself could be interpreted as an act due toƒÆ’-¡ƒ”š‚  herƒÆ’-¡ƒ”š‚  ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-guiltyƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ consciousness. A person who is honest and confident thatƒÆ’-¡ƒ”š‚  sheƒÆ’-¡ƒ”š‚  has not done any thing in breach of the law will stand and defend herself.ƒÆ’-¡ƒ”š‚  The running away without defending herselfƒÆ’-¡ƒ”š‚  gives the impression that she ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- ran awayƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚  as she was guilty and had no defence to offer.ƒÆ’-¡ƒ”š‚  In the light of thatƒÆ’-¡ƒ”š‚  there appears to be no reason for the Editor of Ceylon Today to write a requiem.

The unwise Editor of Ceylon TodayƒÆ’-¡ƒ”š‚  writes:

ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- For, what transpired was not justice, but a witch-hunt that gave a vindictive government what it wanted ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” warped legitimacy to get rid of a pesky roadblock that was becoming increasingly difficult to manipulate.ƒÆ’-¡ƒ”š‚ Witch hunts donƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t require such niceties as fair trial, or due process.ƒÆ’-¡ƒ”š‚  And the Chief Justice certainly didnƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢t get any.ƒÆ’-¡ƒ”š‚  According to reports, she was not only not apprised of the procedure and not given time to respond to the mushrooming charges, she was also not allowed to call any witnesses nor given a list of the witnesses of the PSC.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

The Editors Requiem for Justice does not seem to haveo musical notes. The Chief JusticeƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s denials become ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-high octane dissentƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ then the Chief Justice becomes aƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ pesky road blockƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ and the charges against her becomeƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ mushroomsƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

However the Editor wriggles to defend the Chief JusticeƒÆ’-¡ƒ”š‚  spewing venom at the PSC. The Editor is utterly regardless of objectivity , decency of respect to institutions. The whole impeachment processƒÆ’-¡ƒ”š‚  was for him ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- a vindictive governmentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s witch hunt ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-. It is very high handed on the part of the Editor of a Journal in Sri Lanka to denigrate official processes of Sri Lanka carried out correctly in terms of its Constitutional, and democratically. It is unethical and abusive to the extent of being treasonable.

The devotee of the Chief Justice the Editor of Ceylon TodayƒÆ’-¡ƒ”š‚  goes on with his punditry in his Requiem:ƒÆ’-¡ƒ”š‚  ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- Credit should be given to the four opposition members for identifying the witch hunt for what it is, and walking out after submitting a missive, which in essence was a virtual indictment on the PSC. The issues raised by the opposition group expose the PSC probe for what it was ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬…” a farce. ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

It is a pity that this man in his ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- high octaneƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ defence did not give enough thought to the procedural lawƒÆ’-¡ƒ”š‚  followed by the PSC , its outcome, and where it would end.ƒÆ’-¡ƒ”š‚  The investigation procedure of the PSC is not decisive, it is only theƒÆ’-¡ƒ”š‚  phase ofƒÆ’-¡ƒ”š‚  verifyingƒÆ’-¡ƒ”š‚  the charges, call for evidenceƒÆ’-¡ƒ”š‚  and ascertain the validity of the charges and come to conclusions and prepare a report to be presented to the Speaker.ƒÆ’-¡ƒ”š‚  The speaker presents it to the Parliament for a debate. The Parliament debatesƒÆ’-¡ƒ”š‚  on it and ƒÆ’-¡ƒ”š‚ puts it toƒÆ’-¡ƒ”š‚  a vote.ƒÆ’-¡ƒ”š‚  The vote may go against the Chief Justice or in favour, and that would be the final decision.

That is what the Editor hadƒÆ’-¡ƒ”š‚  failed to understand.ƒÆ’-¡ƒ”š‚  In that misconception he writes attacking everything in the most lowly manner like a ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-bullƒÆ’-¡ƒ”š‚  in a China ShopƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

If the Editor had understood that fundamental fact about an Impeachment , ƒÆ’-¡ƒ”š‚ he would not have praised the four opposition party membersƒÆ’-¡ƒ”š‚  selected for theƒÆ’-¡ƒ”š‚  PSC, who ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-empty headedƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ as they were, acted most disrespectfully towards the Parliamentary traditions in not conducting themselves as honourable Members of Parliament elected by the people to act as such.ƒÆ’-¡ƒ”š‚  In doing what they did they wereƒÆ’-¡ƒ”š‚  not only disrespectful to the august assembly, but also breached the trust and confidence ƒÆ’-¡ƒ”š‚ the people had placed on them when they voted to elect them to the Parliament.

Our Editor of theƒÆ’-¡ƒ”š‚  Ceylon Today states , ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- Denial of the rights and privileges guaranteed under the Constitution to, of all people, the Chief Justice of the country, is a travesty of justice and treachery of the highest order.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

Impeachment has different procedures but that does no mean that there is a denial of justice to the defendant.ƒÆ’-¡ƒ”š‚  There is the right of defence but the CJ Shirani Bandaranayake preferred to flee theƒÆ’-¡ƒ”š‚  PSC rather than stand there and speak in defence of the charges against her.ƒÆ’-¡ƒ”š‚  That is no reason to run down a democratic process undertaken by the Parliament of Sri Lanka, like any other Parliament in the ƒÆ’-¡ƒ”š‚ world.

The Editors Requiem goes in vehemence condemningƒÆ’-¡ƒ”š‚  every thing exceptƒÆ’-¡ƒ”š‚  defending theƒÆ’-¡ƒ”š‚  acts of the CJ who more or less accepted the charges by ƒÆ’-¡ƒ”š‚ fleeing ƒÆ’-¡ƒ”š‚ from the PSC without making even aƒÆ’-¡ƒ”š‚  statement denying the charges against her, and defending the ignoble members of the PSC who walkedƒÆ’-¡ƒ”š‚  away along with her shamelessly ƒÆ’-¡ƒ”š‚ discourteous to democratic Parliamentary procedures which they as Members of the Parliament areƒÆ’-¡ƒ”š‚  required to uphold.

The editor says, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Such an unprecedented measure to be exercised by the PSC would no doubt go down in the annals of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s parliamentary history as an extremely disgraceful deed and the seven government members of the PSC would have to bear the stain of that treacherous act.ƒÆ’-¡ƒ”š‚ ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

What wouldƒÆ’-¡ƒ”š‚  go down theƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ annals of history of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ would be the way the media in Sri Lanka had at no time come forward to writeƒÆ’-¡ƒ”š‚  inƒÆ’-¡ƒ”š‚  defence of the ƒÆ’-¡ƒ”š‚ National interest rather than defending individuals against the President and a government whoƒÆ’-¡ƒ”š‚  brought real peace into the country after 30 years of utter suffering andƒÆ’-¡ƒ”š‚  take Sri Lanka progressively forward against all threats and ƒÆ’-¡ƒ”š‚ barriers put before them.

The Editor condemns the procedure followed by theƒÆ’-¡ƒ”š‚  PSC, stating that , ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- The PSC, in fact, is a ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”Grand JuryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢, in the style of American Judicial System and in terms of the letter submitted by the Opposition Group of MPs in the PSC, a prima facie case had to be established prior to the ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”realƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ proceedings commence.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚  Here too the Editor is going on misconceptions. An Impeachment Motion had been submitted to the speaker of the Parliament with 14 charges against the Chief Justice.ƒÆ’-¡ƒ”š‚  It was on that the PSC carried out the investigationsƒÆ’-¡ƒ”š‚  and came to the conclusion that she is guilty of three of the 14 charges.ƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚  The PSC had done what it had been called upon to do despite the fourƒÆ’-¡ƒ”š‚  Parliamentarians walking awayƒÆ’-¡ƒ”š‚  from the PSC to make political mileage, as the Editor himself says: ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-By withdrawing from the proceedings of the PSC, the Opposition MPs extricated themselves from that ignoble act of disloyalty to their electors and the Constitution.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚.

That was a shame, but the political parties to which these four ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-traitorousƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ Members of the PSC belong , are in dire need ofƒÆ’-¡ƒ”š‚  political support and they seek cheap popularityƒÆ’-¡ƒ”š‚  by attempting to ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-muddy ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-the name of the President and the Government from every situation that come their way..

The Editor uses words haphazardly to make his Requiem sound better, but they are hollow words.ƒÆ’-¡ƒ”š‚  He says, ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- Long before the PSC began the ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”KangarooƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ proceedings, the final outcome had been decided and the seven government members told how to proceed.ƒÆ’-¡ƒ”š‚ ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-

Finally he appeals to the , ƒÆ’‚¢ƒ¢-¡‚¬ƒ…- ƒÆ’-¡ƒ”š‚ ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚¦.so-called saviours of Parliamentary Democracy, fairness and balance, rise to the occasion, show some gumption and make a strong case for justice and fair play.ƒÆ’-¡ƒ”š‚  For what is at stake is the slaughter of justice.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

It is strangeƒÆ’-¡ƒ”š‚  this ƒÆ’-¡ƒ”š‚ pleading of a media to do justice and fair play inƒÆ’-¡ƒ”š‚  defending ƒÆ’-¡ƒ”š‚ a Chief JusticeƒÆ’-¡ƒ”š‚  who on the face of the charges brought against her has been found guilty.ƒÆ’-¡ƒ”š‚  The SriƒÆ’-¡ƒ”š‚  Lanka Media has a better cause to defend and that is the progress and development of the country which cannot be denied from what Sri Lanka has achievedƒÆ’-¡ƒ”š‚  shortly after the end ofƒÆ’-¡ƒ”š‚  a long thirty years of terrorism, poverty and meanly treatment by the West.ƒÆ’-¡ƒ”š‚  There may be money in attacking the government , but the country wants patriots who will defend the country and keep away the enemies who are aiming to make Sri Lanka another Libya, Syria, or an Egypt.

This reply to the Editor of Ceylon Today is suffice to answerƒÆ’-¡ƒ”š‚  the JVP member of the PSC Vijitha Herath disrespectfulƒÆ’-¡ƒ”š‚  to the office he holds as the Member of the Parliament, and displaying his immaturity of understanding the needƒÆ’-¡ƒ”š‚  to keep the secrecy of procedure that was not open to the public, had saidƒÆ’-¡ƒ”š‚  that the report submitted by the Chairman of the PSC was a ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-lieƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚

And also to Tilvin Silva of the JVP who said the reportƒÆ’-¡ƒ”š‚  presented to the Parliament was prepared by the ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Royal FamilyƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚. These statements of Vijitha Herath and Tiulvin Silva need no comments as theyƒÆ’-¡ƒ”š‚  have perfected the art of lyingƒÆ’-¡ƒ”š‚  to hide facts to suit their anti-government Agenda, hoping being what they are they will be popular with the masses !!!