Flawed 19A Allows ‘Rajapaksa Judges’ To Continue
By Nagananda Kodituwakku -April 18, 2015
Nagananda Kodituwakku
19A: Section 54 is flawed and violates the sovereignty in the people
Transitional Provision (Section 54) in the proposed 19th Amendmentprovides that every person holding office on the day preceding the date on which it becomes law, as the Chairman or a member of the (a) Parliamentary Council (b) Public Services Commission (c) National Police Commission (d) Human Rights Commission (e) Commission to Investigate Allegations of Bribery or Corruption; or (f) Finance Commission, shall cease to hold such office with effect from the date on which the 19th amendment becomes law. Apparently this move has been adopted by the Sirisena Administration for a reason, that the persons holding such offices referred to above indeed is a hindrance to installing of the Rule of Law and Good Governance.
However, the said Transitional provision provides that every person holding office as (a) the Chief Justice (b) Judges of the Supreme Court (c) the President of the Court of Appeal (d) Judges of the Court of Appealshall continue to hold such offices and shall, continue to exercise, perform and discharge the powers, duties and functions of that office, under the same terms and conditions.
In the light of certain glaring flawed decision makings by the Supreme Court in the recent past under the de facto Chief Justice, Mohan Pieris, causing tremendous damage to the trust and confidence placed in the Judiciary by the people, any concerned citizen may ask whether the Judges holding the office in the Supreme Court should be allowed continue to hold office or whether all the judges too shall ceased to hold office, may be with an option to reappoint honorable judges.
Just before the Presidential election, people of Sri Lanka witnessed as to how submissively the Judges in the Supreme Court, responded to the two questions referred to the Supreme Court by the former PresidentMahinda Rajapaksa who sought the Court’s opinion to contest for a third term. The Supreme Court, de factoChief Justice, Mr Mohan Peiris P.C., with all other Justices agreeing, expressed it’s opinion in very subservient tone and the Court declared that the President Rajapaksa should seek election for re-election for a further term. It is important to note that the said opinion was declared on a private matter only affecting the President Rajapaksa, having denied the citizens any opportunity to express their views on the matter referred to the Court by the President. The concluding paragraph of the said opinion was recorded in the following words.
