‘We Salute The Chief Justice For Her Courage & She Remains The Chief Justice’ – Lawyers Collective
By Colombo Telegraph -January 13, 2013
“The conscience of the nation and the BAR is disturbed & is in anguish-and will never accept the illegal and unconstitutional removal of the Chief Justice. We have no doubt that in the annals of history, Chief Justice Bandaranayaka would be remembered as a judge who did not succumb to pressure and who held the scale of justice without fear or favour. We salute her for her courage, leadership and steadfastness in facing one of the most unreasonable and irrational inquiries ever faced by a person holding such an exalted office of the Head of Judiciary in a democratic country. The Lawyers Collective categorically reiterates that Hon. Dr. Shirani Bandaranayaka remains the Chief Justice, notwithstanding being unconstitutionally removed.” says the Lawyers Collective.
Issuing a statement it says; “H.E President Mahinda Rajapaksa‘s purported letter of removal has been received by the Chief Justice. The Lawyers Collective states that this removal affects the very foundation of independence of the Judiciary, the Rule of Law and all basic norms of a working democracy. The politically motivated process of removal of the Chief Justice was nothing but a misuse and abuse of Constitutional provisions and Standing Orders.”
“The Executive and Legislature deliberately ignored the constitutional interpretation by the Supreme Court and the decision of the Court of Appeal quashing the decision of the impeachment report by the Government Members of the Select Committee of Parliament. With this impeachment, the Government of Sri Lanka has demonstrated that it will not respect the Constitution and the Judiciary. The manner in which the impeachment process was conducted, in and outside parliament, by the government, the state media and the government-sponsored goons leaves the country with unforgettable memories of a horror period in our history.” the Lawyers Collective further says.
The consequences of the Black Friday impeachment will be game changing
Groundviews
The Black Friday impeachment is another shameful day in the history of our country. The absolute majority in parliament obtained through dubious means has been used once again by this government to deny justice to the chief justice of our country and undermine the independence of the judiciary.
It is not a black day just for the judiciary. It is a black day for every single citizen of this country. In undermining the judiciary and the rule of law, the freedom and liberties that citizens of this country are born with, have been robbed through the tyranny of the parliamentary majority.
A year and a half ago when the administration brought an ad hominem bill to expropriate private property I said that democracy denoted by absolute majority rule was very dangerous and could destroy the liberties of citizens in the absence of safeguards to ensure justice, freedom and property rights. It was unfortunate that the judiciary, at the time, did not see the necessity to block its passage without giving a hearing to those individuals who were going to be victims of that unconstitutional action. The government applauded that decision. However, last month when the judiciary, in its accumulated wisdom, saw it appropriate to rule the Divineguma bill unconstitutional, the government was not willing to accept that verdict. The judiciary had suddenly checked the absolute power of the government. Using among others, a speech I had made six months ago seeking an investigation on her husband relating to a stock market transaction, the government decided to impeach the chief justice and worked backwards to meet its objective come hell or high water. Even though the judiciary determined that the entire process leading up to the impeachment was illegal and thus a nullity, the government using its absolute majority obtained through dubious means, made an address to the president for the removal of the chief justice.
The assumption is that the judiciary would now fall in line with the wishes of the government due to fear of reprisal. While the Black Friday Impeachment is another step towards achieving the objectives of this autocratic government by taking away the freedom and liberties of citizens I have the confidence that the judiciary would have the strength to stand up against the impending juggernaut.
As a member of parliament I am of the firm belief that the legislature has certain powers that it can exercise without the interference of any other institution. However, I am also of the firm belief that the no ruling party must ever use the majority it enjoys in the legislature to undermine the freedom and liberties that citizens of this country are born with. Consequences of the Black Friday Impeachment will certainly be significant and game changing.---Image by AP, courtesy The Hindu
Harsha de Sila, Ph.D.
Member of Parliament and Consultant Economist
Member of Parliament and Consultant Economist
