Historic battle begins: Lawless Rajapakse Parliament overrides judiciary
(Lanka-e-News -24.Nov.2012, 8.00PM) It was decided yesterday(23) by the lawless MaRa Govt. most obnoxiously unprecedented in SL’s history to hear the impeachment motion against the Chief justice (CJ) ignoring the instructions of the Supreme court (SC) given to Parliament , thereby creating a most grave and direct conflict between the independent Judiciary and the legislature . It is to be noted that the MaRa regime took this action despite fierce objections raised by the opposition.
The CJ was to appear before the Parliamentary select Committee at 10.30 a.m. yesterday and the Committee met before that . The UNP , JVP and the TNA pointed out , without creating conflicts between the judiciary and the legislature , to present only what were prescribed sans order by the Supreme court (SC) and with their discretionary power , the Parliament ought to be flexible , and put on hold this inquiry until the clarification from the SC is received. The MaRa’s demonic representatives on the other hand began protesting furiously against this with specious arguments and alleged that the SC decision had still not been received by the Parliament. Taking refuge in technical issues , they refused to postpone the Committee sittings and decided to go ahead disregarding the Supreme court . The Select Committee which has a representation of 7: 4 in MaRa Govt. favor did what it wanted unhindered .
Later , the CJ rejected in toto the proposal of the literally and metaphorically sick Chairman Priyadharshana Yapa who was running a temperature, that she should appear alone and give evidence. She pointed out she has the right to enlist the assistance of Lawyers , and she is not bound to appear alone. The opposition representatives stood by the CJ on this issue. Finally the sick and sickened chairman had to withdraw his objection.
Thereafter , the CJ Dr. Shiranee Bandaranayake and her Lawyers including PC Romesh De Silva, PC Nalin Ladduwahetty and senior Lawyer Saliya Peiris appeared before the Committee.
Then began the issue revolving around the swearing on oath . The Govt. representatives led by Yapa insisted that the CJ like in a court must swear on oath that she is telling the truth and nothing but the truth. Romesh De Silva countered this by pointing out that there is nothing like that in the standing order .As the Govt. representatives could not overrule this objection , the sessions began without the swearing on oath. The main thrust of the argument of the lawyers of the CJ was , the Committee should have postponed the sessions complying with the SC request.
The Govt. representatives who are mere puppets of the Rajapakses ( a byword for lawlessness) argued strongly that Parliament need not obey court instructions . As the sessions was progressing , an officer brought a letter and handed it over to Yapa. In that it was stated that , earlier on when former CJ , Neville Samarakoon was summoned before the Parliament select Committee he had sworn on oath. Based on this , Yapa again began insisting that swearing on oath is necessary. Over this , a dispute erupted again between the Govt. puppets on the one side and the opposition representatives and CJ ‘s Lawyers on the other . Subsequently the CJ swore on oath.
When the CJ’s Lawyers asked for time , the Chairman stated that no time can be granted , and evidence will be called again tomorrow, and in case if that is not possible it shall be day after tomorrow. At last it was decided that the CJ shall be summoned again to appear on the 4th of December. It was ordered that written submissions be made before the 30th.
The inquiry into the impeachment against the CJ concluded yesterday at 12.40 p.m. But prior to that a strange incident took place. When the CJ’s company of Lawyers were answering the media and issued a communiqué, the grade nine qualified moron Wimal Weerawansa who is also in the select committee tried to fart around questioning the answers given to the media by the CJ’s Lawyers in order to make a characteristic vain hollow display of himself stemming from his uneducated nature and his incapacity to understand the basics of the law. Poor Weerawansa was cut down to size then and there by the PC Romesh De Silva with a short answer . Anyway that is not relevant here. Later , all those who are conversant in the law said , those are unnecessary when dealing with Lilliputians and farts like Weerawansa. Finally poor Weerawansa had to keep his gaping mouth forcibly shut.
(Lanka-e-News -24.Nov.2012, 8.00PM) It was decided yesterday(23) by the lawless MaRa Govt. most obnoxiously unprecedented in SL’s history to hear the impeachment motion against the Chief justice (CJ) ignoring the instructions of the Supreme court (SC) given to Parliament , thereby creating a most grave and direct conflict between the independent Judiciary and the legislature . It is to be noted that the MaRa regime took this action despite fierce objections raised by the opposition.The CJ was to appear before the Parliamentary select Committee at 10.30 a.m. yesterday and the Committee met before that . The UNP , JVP and the TNA pointed out , without creating conflicts between the judiciary and the legislature , to present only what were prescribed sans order by the Supreme court (SC) and with their discretionary power , the Parliament ought to be flexible , and put on hold this inquiry until the clarification from the SC is received. The MaRa’s demonic representatives on the other hand began protesting furiously against this with specious arguments and alleged that the SC decision had still not been received by the Parliament. Taking refuge in technical issues , they refused to postpone the Committee sittings and decided to go ahead disregarding the Supreme court . The Select Committee which has a representation of 7: 4 in MaRa Govt. favor did what it wanted unhindered .
Later , the CJ rejected in toto the proposal of the literally and metaphorically sick Chairman Priyadharshana Yapa who was running a temperature, that she should appear alone and give evidence. She pointed out she has the right to enlist the assistance of Lawyers , and she is not bound to appear alone. The opposition representatives stood by the CJ on this issue. Finally the sick and sickened chairman had to withdraw his objection.
Thereafter , the CJ Dr. Shiranee Bandaranayake and her Lawyers including PC Romesh De Silva, PC Nalin Ladduwahetty and senior Lawyer Saliya Peiris appeared before the Committee.
Then began the issue revolving around the swearing on oath . The Govt. representatives led by Yapa insisted that the CJ like in a court must swear on oath that she is telling the truth and nothing but the truth. Romesh De Silva countered this by pointing out that there is nothing like that in the standing order .As the Govt. representatives could not overrule this objection , the sessions began without the swearing on oath. The main thrust of the argument of the lawyers of the CJ was , the Committee should have postponed the sessions complying with the SC request.
The Govt. representatives who are mere puppets of the Rajapakses ( a byword for lawlessness) argued strongly that Parliament need not obey court instructions . As the sessions was progressing , an officer brought a letter and handed it over to Yapa. In that it was stated that , earlier on when former CJ , Neville Samarakoon was summoned before the Parliament select Committee he had sworn on oath. Based on this , Yapa again began insisting that swearing on oath is necessary. Over this , a dispute erupted again between the Govt. puppets on the one side and the opposition representatives and CJ ‘s Lawyers on the other . Subsequently the CJ swore on oath.
When the CJ’s Lawyers asked for time , the Chairman stated that no time can be granted , and evidence will be called again tomorrow, and in case if that is not possible it shall be day after tomorrow. At last it was decided that the CJ shall be summoned again to appear on the 4th of December. It was ordered that written submissions be made before the 30th.
The inquiry into the impeachment against the CJ concluded yesterday at 12.40 p.m. But prior to that a strange incident took place. When the CJ’s company of Lawyers were answering the media and issued a communiqué, the grade nine qualified moron Wimal Weerawansa who is also in the select committee tried to fart around questioning the answers given to the media by the CJ’s Lawyers in order to make a characteristic vain hollow display of himself stemming from his uneducated nature and his incapacity to understand the basics of the law. Poor Weerawansa was cut down to size then and there by the PC Romesh De Silva with a short answer . Anyway that is not relevant here. Later , all those who are conversant in the law said , those are unnecessary when dealing with Lilliputians and farts like Weerawansa. Finally poor Weerawansa had to keep his gaping mouth forcibly shut.
| Yesterday proceedings summaries as follows: |
| 1. CJ was asked to come to the Committee Room (where the proceedings are held) without the lawyers but she has refused to go in without the lawyers. Then the lawyers were permitted. 2. Romesh de Silva recorded that CJ participates at PSC reserving the right to challenge the jurisdiction of the PSC 2. Day before Yesterdays Court decision of the SC was considered and the discussion was on whether they should wait pending the SC ruling. It appears that the 4 Opposition Members have done great work to hold the proceedings but failed due to the majority. Vote was taken the and divided on party lines 7-4. 3. Six weeks time was sought to reply but time was granted only till 30th (one week) and re fix the inquiry for 4th December. 4. CJ was asked to take an oath but she has only taken a limited oath that if she gives evidence it will be true. 5. Committee tries to get the Lawyers to give an undertaking that proceedings will not be discussed elsewhere but Romesh has only given an undertaking to abide by the Standing Orders. 6. CJ was asked to take an unusual oath before even proceedings started. Wimal Weerawansa MP is the key person who has insisted on it saying that any one who appears before a PSC must do it. However there is no such standing order. In court of law, only a witness takes oaths. 7. All objections were overruled without even considering. The Government MPs looks at each other and say "over-ruled". They are acting under dictations and instructions from somewhere else. 8. When Mr. Romesh de Silva raised the issue of SC order (made requesting the PSC to consider not to proceed with the proceedings pending the final determination of the SC cases), the Chairman has said that we have already decided not to abide by it. This is even without hearing the CJ or her Counsel. 9. The indications are that the Government MPs in the PSC are in a hurry to finish this inquiry by 8th December and they are not keen to follow any principles of law or practices. Though the CJ is the third in the hierarchy in the country , the police that salutes even the local body members did not salute her . A large number of journalists were present to cover her arrival . She calmly greeted them with ‘good morning’ smilingly . Similarly when she left after the proceedings , she went with a graceful smile on her face. CJ’s written submission can read click the button in LeN homepage |
