Impeachment Of A CJ: Day Of Lightning And Year Of Thunder
Lal Wijenayake
January 11, 2013 is Black day in the history of the judiciary in Sri Lanka and perhaps the darkest day for democracy.
On that day, Parliament accepted the report of the Parliamentary Select Committee that inquired into the charges set out in the impeachment motion against Chief Justice Shirani Bandaranayake and impeached the Chief Justice.
It is not the adoption of the impeachment motion that was the core issue. Parliament by accepting the report of the PSC and the President by removing the Chief Justice acted disregarding — and in fact throwing away — the judgments of the Supreme Court and the Court of Appeal made after consideration of submissions made in court by the AG on behalf of the state and other counsel appearing for those who challenged the legality of the procedure adopted by Parliament and the PSC to impeach the Chief Justice.
Chief Justice 43 Shirani Bandaranayake clad in a black saree greets her well-wishers in Hulftsdorp before she leaves for the parliament complex to appear before the PSC. File photo.
This is as far as we are aware the only incident in the history of any known democracy where government has acted in disregard/ throwing out judgments of Superior Courts established under its own Constitution.
These are blatant acts of contempt of court but our courts were helpless and unable to enforce the law against those responsible due to the enormous political power vested in them.
In Pakistan when Prime Minister Yousaf Raza Gillani refused to respect and act according to a judgment of the Supreme Court, he was called to answer charges of contempt of court and he had to resign.
It is a pathetic situation to see that in our country the political establishment is allowed to carry on with the Government after acting in complete breach of the constitutional obligation to act in accordance with the constitution and uphold and defend the constitution. What we see is the unique situation where Parliament and the Executive acting, disregarding orders of the Superior Courts pronounced under the constitution, still continues to govern under the same constitution. What this in fact means is that obedience to the Constitution is selective and will be only obeyed to the extent that it is acceptable to the political establishment. That is a complete breach of governance under the constitution. Read More
