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

Thursday, January 3, 2013



Midweek Politics: Unlucky ’13?

Colombo TelegraphBy Dharisha Bastians -January 2, 2013
Dharisha Bastians
As Sri Lanka steps into a bright new year her political fortunes have perhaps never been quite so tenuous. While it is possible that such dire predictions have been made many times before, as things stand now, the country is hurtling headlong into constitutional crisis which might alter the face of the republic in an unrecognizable way. Faced with a damned if you do, damned if you don’t situation with regard to the removal of the country’s top judge, the ruling regime is unlikely to take a step back, unless events in the coming week threaten international consequences too horrific to ignore
Politically speaking, the year 2013 begins on an ominous note. The seasonal festivities may have dulled the fervour of the impeachment battle somewhat, but as the Court of Appeal prepares to take up Chief Justice Shirani Bandaranayake’s writ application today, having issued notice to the 13 respondents cited in the petition – including the Speaker of Parliament and the 11 members of the Parliamentary Select Committee that probed the impeachment charges against her – the battle is poised to get started once again, with renewed vigour in the new year.
While it is no surprise that the Government members on the PSC will not be appearing before the Appeals Court today, UNP Leader Ranil Wickremesinghe provided more fodder for his critics by deciding that the two UNP Members on the Committee, Opposition Whip John Amaratunge and Party Senior Vice President,Lakshman Kiriella would not appear in court either. The UNP Leader, who is as adamant as ever to assert the supremacy of parliament over the judiciary, is of the view that since the MPs in question were involved in a parliamentary process, they do not need to appear in court with regard to the petition filed by the Chief Justice. This is despite the UNP members acknowledging privately that it was their opinion that they should appear in Court in order to explain what happened during the proceedings and how the lack of due process prompted the opposition walk out on 7 December. TNA MP and Attorney at Law M.A. Sumanthiran appearing on behalf of R. Sampanthan who is presently overseas and Vijitha Herath of the DNA are expected to appear in court today. The DNA had been willing to answer court notice even in December in the Supreme Court when the Court of Appeal issued notice on the PSC respondents in different writ applications, but ultimately their legal representatives decided that it was not necessary and may in fact delay the determination by the court.
Under the circumstances, Wickremesinghe’s decision to bar his MPs from answering court notices, will further reinforce the notion that Sri Lanka’s main opposition is in deep slumber and its leader busy with ego-play even as the country’s judiciary is mired in deep and damaging conflict with the executive and the legislature.
Judicial restraint? Read More