Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Tuesday, November 27, 2012

Bar Association headed by President Wijedasa Rajapakse hit back hard at Govt.’s : Unconstitutional impeachment : rift deepens
http://www.lankaenews.com/English/images/logo.jpg(Lanka-e-News -27.Nov.2012, 6.00AM) The SL Bar Association today filed a historic fundamental rights (FR) petition in the Supreme Court against the impeachment process of the MaRa Govt. in respect of the chief justice (CJ) Dr. Siranee Bandaranayake. This petition was filed in the SC by Wijedasa Rajapakse , Attorney at law , the President of the Bar Association and four others. The speaker and the 11 members of the Select committee had been named as respondents.

In the petition it is pointed out the efforts of the Govt. unconstitutionally to remove the CJ from office is impinging on the very foundation of the judiciary including verdicts delivered by the courts in respect of the Govt. It further states that where an individual is charged ,unless and until the individual is proved guilty duly in a properly conducted investigation that individual must be legally considered as innocent. Hence the impeachment motion is in contradiction of the legal traditions and protection of the laws , whereby it is creating a pernicious precedent, it asserts.
The Bar Association has questioned in the petition the validity of the standing orders under which the impeachment motion was tabled. Although a body can be appointed under the constitution to hear the impeachment motion , the standing order on which the select Committee was appointed is not valid , it argues.

The SL Bar Association has in the circumstances declared that the impeachment process cannot be carried out under the relevant standing order , and has hence requested an injunction order to halt the Parliamentary select committee proceedings pertaining to the impeachment process.

The SL Bar Association is the apex professional body of the Lawyers of the country.