CJ in the spotlight UPR on the backburner
- By Deepal Warnakulasuriya
- Sunday, 04 November 2012
The Universal Periodic Review on Sri Lanka in Geneva was overshadowed in the media by the ongoing tug-o-war between the executive and the judiciary, especially with the decisive move to impeach the Chief Justice.The third impeachment motion against a Chief Justice in Sri Lanka was handed to the Speaker Chamal Rajapaksa last Thursday signed by 117 Members of Parliament, 42 signatures more than required. Accordingly, Chief Justice Shirani Bandaranayake, the first female CJ in the country, will have to appear before the Parliament Select Committee (yet to be appointed) or else have the PSC essentially try her in absentia.
Two previous Chief Justices, Neville Samarakoon and Sarath Silva faced impeachment under former Presidents J. R. Jayewardene and Chandrika Kumaratunga respectively with the charges against Silva being brought when Ranil Wickremesinghe was Prime Minister, briefly. Samarakoon resigned while the motion against Silva lapsed when Parliament was prorogued. Wickremesinghe and Silva found political common ground later in opposition to President Mahinda Rajapaksa.
Prior to this, President Mahinda Rajapaksa had called for a meeting with the leaders of the constituent parties of the ruling UPFA on Tuesday and the meeting attended by ministers Dinesh Gunawardane, Rauff Hakeem, Tissa Vitharana, Douglas Devananda, Patali Champika Ranawaka, JNP’s Piyasiri Wijenayake and several others had decided to impeach the CJ. Temple Trees sources said that the President was of the opinion that there should be checks and balances among the executive, the judiciary and the legislature. “If any arm of governance oversteps its boundaries, the legislature should intervene,” he had said.
The battle between executive and judiciary has been heating up for some weeks now and predictably the unfolding was not devoid of theatrics. Minister Pavithra Wanniarachchi, Deputy Minister Lasantha Alagiyawanna and Parliamentarians Arundika Fernando, Shantha Bandara and Sudharshani Fernandopulle handed over the motion to the Speaker at an auspicious time before rushing to the Government Information Department where the Cabinet spokesperson Minister Keheliya Rambukwella was keeping the media waiting for the party, having done with his weekly briefing. The Speaker’s office meanwhile fired off pictures of the ‘event’ to the media.
Wanniarachchi explained that the impeachment motion against the CJ contained seven charges including actions committed in her personal capacity. She also added that the Speaker would appoint a Parliamentary Select Committee, comprising members of all parties, or call for a debate on the motion, if he was satisfied that that a prima facie case had been established. Wanniarachchi also shot down speculation that signatories had not read the petition and they had signed on empty pieces of papers, claiming that they had all read and understood before placing signatures.
Minister Rambukwella, questioned by the media, said that the motion had been necessitated by some recent acts of the judiciary which attempted to disregard the supremacy of Parliament. He also reminded that the judiciary’s infringement even prompted the Speaker to make a critical statement on the floor of the House. The motion also charged the CJ with ‘improper behavior’, pertained to conduct both in her official and personal capacity.
Sunday, 04 November 2012 00:00Minister Rambukwella, questioned by the media, said that the motion had been necessitated by some recent acts of the judiciary which attempted to disregard the supremacy of Parliament. He also reminded that the judiciary’s infringement even prompted the Speaker to make a critical statement on the floor of the House. The motion also charged the CJ with ‘improper behavior’, pertained to conduct both in her official and personal capacity.
