What A Shame!
Will Democracy in Sri Lanka die on the 14th of January, the day on which the incumbent chief Justice may be impeached? This question is relevant only if one is willing to consider the state of political affairs in Sri Lanka as of 11th January to conform to the ethics of democracy. It was indeed heart breaking to see the scenes of hooliganism demonstrated by the thugs who shamelessly blocked the Yesterday’s march (10th Jan) by the citizens who value democracy in general and judicial independence in particular. It was apparent that those thugs had been sent there by some politician or another. People in their early morning sarongs worn above the knee and holding clubs against lawyers, academics, members of parliaments, former generals, civil society and other concerned citizens, was indeed obscene to say the least. People shouting against the incumbent CJ and accusing her of compromising judicial independence and respect of the judiciary were asking her to step down in some other quarters in Colombo. I can only pity those people because had they had the slightest understanding of what they were doing, on how ignorant they were of the bleak future of themselves and their children, they would not have done that. Nevertheless, the fact, remains Chief Justice of the Democratic Socialist of Republic of Sri Lanka is most likely to leave her office in 48 hours or less. Unfortunately, by the time she departs, we may be asking very serious questions about the future of this country.
Recently, I was reading a book on Culture of Corruption by D.J Smith who mentions that in Nigeria, the police takes bribes not only for releasing drivers after traffic offences, but merely for letting vehicles proceed on roads which are there for that purpose. Virtually most government officials in that country takes bribes, and officials are expected to help relatives and friends from the money looted in that fashion. The top leaders loot the oil, which they export as crude oil, while companies owned by the same top leaders import purified patrol and diesel to sell at higher prices. How far behind Sri Lanka is and will be by 2014, the time we may expect next general elections?
Coming back to the impeachment, how can a government turn such blind eye to all peaceful appeals by most revered and respected in the country; the Mahanayakas, the Cardinal, the Bishops, eminent retired judges, the academics, the bar association, and the civil society…the list goes on. Where are we heading? Some of the worst possible outcomes that I can imagine but pray they will not happen from now onwards include, a referendum to extend the life of parliament along with the repetition of the infamous “Wayamba” type elections (in which people of the province did not go the booth but goons voted carefully on their behalf) unparalleled use of public property for elections and completion of the politicization of the judiciary, extensive militarization, Chinization of the entire economy, and so on. Then comes the intimidation of political opponents with any sense of opposition. Even at prevent one Minister was calling for the “dealing with” the judges who gave the verdicts against PSC. In future, the parliamentarians will find it more and more insecure to speak about corruption and journalists would have less and less room for criticism. Lives will be at risk in doing so. Corruption can engulf the whole economy and public lands can become private property. In short, Sri Lanka is dangerously close to losing all sorts of freedoms. Majority of the Sri Lanka adult population above 18, today and tomorrow will go to sleep after watching their daily teledramas and reality shows and some even News, yet still without realizing that this is happening under their feet. For me, that is not the most worrying thing. My greatest worry is, I am beginning to lose hope. Sri Lanka can slide into complete dictatorship. For how long???
Let me nevertheless salute everyone who put up a valiant but losing battle against the Impeachment. They may have lost but not the message they gave.
*Dhammika Herath PhD in Peace and Development Research
As Your Lordships and Ladyships are aware the Supreme Court has on the 1st of January 2013 exercised its Constitutional Jurisdiction and interpreted the Constitution holding that a Select Committee appointed under Standing Order 78A of the Parliament, does not have the power to arrive at a finding against a Judge of a Superior Court in terms of Article 107(3) of the Constitution.
Judges Are Obliged To Follow Supreme Court Decisions
By Jayampathi Wickramaratne and Srinath Perera PC On behalf of Lawyers Collective -anuary 11, 2013 |
Dr. Jayampathy Wickramaratne PC
Your Lordships and Your Ladyships of the Supreme Court,
THE ATTEMPT TO REMOVE THE CHIEF JUSTICE FROM OFFICE AND TO REPLACE HER CONTRARY TO THE PROVISIONS OF THE CONSTITUTION
As Your Lordships and Ladyships are aware the Supreme Court has on the 1st of January 2013 exercised its Constitutional Jurisdiction and interpreted the Constitution holding that a Select Committee appointed under Standing Order 78A of the Parliament, does not have the power to arrive at a finding against a Judge of a Superior Court in terms of Article 107(3) of the Constitution.
On the 3rd of January 2013 the Court of Appeal, exercising Writ jurisdiction under Article 140 of the Constitution, quashed the decision of the Parliamentary Select Committee finding the Chief Justice Dr. Shirani Bandaranayake guilty of three charges set out in the impeachment resolution submitted by 117 Members of Parliament.
In view of the interpretation given by Your Lordships’ Court and the decision of the Court of Appeal, the attempt to remove the Chief Justice from office is without any legal basis and contrary to the Constitution and the law of the land.
We understand that despite the aforesaid interpretation and the judgment of the Court of Appeal, nevertheless the Parliament of Sri Lanka is debating the resolution of impeachment and seeking to submit an address of Parliament to the President calling for the removal of the Chief Justice.
We understand that there is a likelihood of such an address being followed by Her Ladyship the Chief Justice being illegally removed from office and being replaced with a new appointee, whose appointment is illegal and contrary to the Constitution of Sri Lanka and the very decisions of Your Lordships’ Court. Such a person would be a usurper in the Office of Chief Justice.
As you are well aware you are obliged (as are we) to honour and follow the decisions of our courts whether we agree with it or not. Thus disagreements in other quarters is irrelevant.
In the aforesaid circumstances, at a time the Judiciary and the Bar of Sri Lanka are facing the gravest crisis in the history of its existence, we as members of the Bar feel it our bounden duty to call upon Your Lordships and Ladyships’ to act to protect the independence of the judiciary which is an intangible heritage of the people of this country.
Accordingly we the undersigned earnestly request that the Judges of the Supreme Court should refuse to accept an appointment of Chief Justice ( or as acting Chief Justice) or refuse to recognise any person appointed to the office of Chief Justice and refuse to sit with a person appointed as the Chief Justice as such an appointment would be contrary to the Constitution which Your Lordships and Ladyships and we as members of the Bar have sworn to uphold.
We may add that Your Ladyships and Lordships are obliged to follow the decisions of our courts and that if Your Lordships or Ladyships refuse to abide by the rulings of the Supreme Court and Court of Appeal you cannot expect any other person to follow the orders of any of our courts.
*Dr. Jayampathi Wickramaratne PC & Srinath Perera PC On behalf of LAWYERS COLLECTIVE
