Breaking News: CJ Replies The Rupees 250 Million Bank Transaction Allegation – ‘False, Malicious And Deeply Disturbed’ – CJ

By Colombo Telegraph -December 5, 2012

The Lawyers for the Chief Justice Dr. Shirani A. Bandaranayake replied to the allegations related to her bank accounts in certain newspapers. Last Sunday state run Sunday observer published a detail report of her bank transactions under the title “Expose: The dual role of Dr. Shirani Bandaranayake“. The news paper said; “Accordingly, it is now time for the law enforcement authorities to commence a probe regarding the true nature of this Dr. Shirani Bandaranayake’s highly suspicious financial dealings. If that is to be done in an impartial manner, she cannot remain as the Chief Justice of the country.”

“These articles falsely and maliciously distort the truth in relation to our client’s  bank  accounts  and declarations. Our client is also surprised as to how certain newspapers have details of her bank accounts.Our client is deeply disturbed that this information is now in the public domain when in fact such information should be private and confidential information in terms of the law.” says her lawyers Neelakandan & Neelakandan.

We  publish below the full texts of the reply and the Sunday Observer article;

Date:  5fh December, 2012

Your Ref  :

Our Ref  :  KN/MM-SC (206)

Dear Sir,

We are instructed by our client Dr Shirani A Bandaranayake to address this communication.

Our client’s attention has been drawn to articles regarding our client’s bank accounts in certain newspapers designed purely to defame our client.

These articles falsely and maliciously distort the truth in relation to our client’s bank accounts and declarations.

These articles seem to suggest that our client;

a.)  has wrongfully withdrawn monies from certain accounts in order to show a zero balance as at the 3 1st of March of a particular year

b.) was in receipt of sums of approximately Rupees 250 Million during the year 1st April  2010 to the 31st  March 201 1.

Our client at the very outset firmly states that both these statements are totally false.

The truth is as follows;

i.)  Our client had investments in Government Treasury Bills which were invested for short  periods of time because our client felt that she may  have to  access these  monies at short notice

ii.)  These sums were  credited to a special account opened by the  bank  to route investments from the realization of one Treasury Bill to the  purchase of another Treasury Bill. This is the normal and regular procedure followed for several constituents of the Bank

iii.)  These monies did not at any stage lie in the account for a period of more than a day or two

v.)  All investments in Treasury Bills were duly and properly declared in our client’s assets and liabilities declaration

v.)  A simple illustration may be useful.

If Mr. A  had Rupees  10,000/- in a 7 day Treasury Bill,  at the end of the  7 days  that Rupees 10,000/- together with the interest accrued is credited to the special  account.

On the 7th day or the 8th day, the total money is re-invested in a new Treasury Bill for another period of  7 days.  This process continuously goes on for a period  of  one year. If all credit entries are added it would show Rupees 10,000 plus interest multiplied by 52 which is approximately 520,000 plus interest. However all that Mr. A in fact had was the original Rupees 10, OOO plus interest.

vi.)  This is what in fact happened in the case of  our client.  However certain newspapers have falsely and maliciously added up all the entries in a way that would create the impression that our client had Rupees 252 million which gives a totally false and distorted impression. In actual fact our client never had Rupees 252 Million or a sum anywhere close to the said sum.

vii.)  Our client re-iterates that every single cent had by our client has been declared in the relevant declarations of assets and liabilities.

viii.)  It is also clear that our client did not withdraw amounts from the account prior to 31st March of each year in order to create  a  distorted view. The monies were always in Government securities at all times except for a day or two, between the date of maturity and the date of re-investment during which such monies were in the aforementioned special current account.

ix.)  All Treasury Bills purchased on behalf of our client have been duly and properly declared

x.)  Our client is also surprised as to how certain newspapers have details of her bank accounts.

xi.)  Our client is deeply disturbed that this information is now in the public domain when in fact such information should be private and confidential information in terms of the law.

xii.)  We may add that the Chief Justice of the country, as a citizen is also entitled to the protection of the law of the land.

xiii.)  We may also note that these allegations have not even been  raised as allegations in the impeachment process.

xiv.)  Since wide publicity has  been  already given to the aforesaid allegations, we would be most grateful if you could publish this letter in order to correct and clarify the matter.

Yours

faithfully,

(Neelakandan & Neelakandan)

Attorneys-at-Law & Notaries Public

PSC members given CJ’s bank account data

By Saman Indrajith-December 5, 2012, 

Each member on the Parliamentary Select Committee probing allegations, mentioned in the impeachment motion, against Chief Justice Shirani Bandaranayake, was yesterday provided with a set of copies containing details of bank accounts under her name and her assets declarations.

The PSC commenced its sitting at 10.30 a.m. and its main concern was the repeated demands by the lawyers defending the Chief Justice, that documentary evidence and proof pertaining to the charges be made available to them, sources said.

The copies had been obtained from the relevant institutions by the Secretary General of Parliament on behalf of the Committee. The committee members, with the assistance of legal advisors, commenced scrutinizing the documents and the process is expected to continue this morning too.

Copies would be made available to Chief Justice Bandaranayke’s lawyers when they appear before the PSC today.

Though the PSC commences sittings today at 10.30 a.m., the Chief Justice and her team of lawyers are required to be present at 2.30 p.m.

Sources said that the PSC, of which the majority is from the government, continued to reject the request from the lawyers of the Chief Justice to grant them five additional weeks to provide detailed responses to the charges levelled against her. Apart from that request, there was another from the four Opposition Members of the PSC—Chief Government Whip John Amaratunga, UNP MP Lakshman Kiriella, TNA MP R Sampanthan and JVP MP Vijitha Herath—for a postponement of sittings as they had previously made arrangements for the one-month-long parliamentary vacation, commencing on Dec. 8 and ending Jan.  8.

The one month’s time given to the PSC would end on Dec. 14 and its Chairman, Minister Anura Priyadarshana Yapa, would have to consider the request from the Opposition Members and if the PSC decided to postpone sittings by one month, he, on behalf of the PSC, would have to make a request to the Speaker to that effect before Dec. 8, for additional time for the PSC, sources said.  

The Opposition members also pointed out PSC, which looked into allegations against a former Chief Justice Neville Samarakoon, in 1984, had taken six months to finalize its report.

They also made a request that a separate secretariat for the Select Committees be set up in the Parliamentary Complex so that correspondence and other coordinating activities could be channeled through that office with regard to the PSCs. The committee reached consensus on this score, according to sources and their request is expected to be forwarded to the Speaker.

Shirani: A Symbol Of Resistance Against State Oppression

By Dharisha Bastians -December 5, 2012

Dharisha Bastians

“Democracy demands an opposition party” – Ben Manski, American Lawyer and political activist

The events of 23 November when Chief Justice Shirani Bandaranayake made her very first appearance before the Parliamentary Select Committee were not lost on the ruling administration. Round one had presented a clear winner and elicited mass sympathy for the lady who had fallen foul of the powers that be.

So when the time came for the country’s most senior judge to answer the summons of the Legislative Committee in the second round, necessary arrangements were presumably put in place. The build-up to Tuesday, 4 December was palpable. A poster campaign was orchestrated throughout the capital Colombo. The well-designed posters screamed “Shame Madam” and featured the scales of justice with Sri Lanka on one side and an apartment complex on the other. A budget three-wheeler parade sporting the same placard on their roofs made their way to Temple Trees, many of them stopping to ask Policemen clearing the road for the demonstration where they were to go next. Even as the black coats mobilise support for the beleaguered Chief Justice, the Government is on its own hectic campaign to discredit her.

Golden Key in the mix

On 13 November, Economic Development Minister Basil Rajapaksa held a one-on-one meeting with representatives of the Golden Key depositors in Parliament. At the meeting, during which other senior administration officials were present, Minister Rajapaksa promised that the depositors would be paid in full by April 2013. But there was a condition attached. Some reports about the meeting indicate that the conditions included a requirement that some of the depositors give evidence about the conflict of interest in the Chief Justice presiding over the Golden Key case before the Supreme Court. Golden Key depositors have been losing hope for their deposits for several years now. Undoubtedly, the promise of settlement was a tough carrot to refuse. That’s how the depositors became the first face of the anti-CJ movement in Colombo when they smashed their own share of coconuts and demanded she step down.
So when Tuesday dawned, lawyers and activists said they were not surprised when buses full of people were unloaded outside the gates of the Superior Courts Complex at Hulftsdorp and furnished with placards and posters. Senior lawyers at the courts premises said they had been asked to hoot at the Chief Justice when she passed by. The trouble was, very few of them could identify her. In fact, many of the anti-CJ protestors had no idea why they were outside the courts complex at all, fuelling speculation about the organised nature of the demonstration. It was reminiscent of the ‘spontaneous’ protests against the US-led resolution at theUNHRC in March this year, when hundreds of home-guards from remote provinces were transported to Colombo, gathered outside the Civil Defence Force headquarters in Bambalapitiya and marched to different diplomatic missions in Colombo seen as supportive of the resolution against Sri Lanka.

Proposition demos                                                              Read More

Select Committee doesn’t care two hoots for Opposition proposals : Sambandan refused medical leave – full report herein

(Lanka-e-News- 06.Dec.2012, 4.30AM) A most deplorable and reprehensible situation was created when the Select Committee impeachment inquiry met yesterday(05) in the absence of the chief justice (CJ) , because the Govt. group completely ignored the proposals of the opposition representatives. 

Yesterday’ s sessions commenced at 10.30 a.m. with Chairman Anura Priyadharshana Yapa taking the lead. The first item in the agenda was the request made by the opposition representatives to postpone this meeting during the vacation period of the Parliament from Dec. 8th to Jan. 8th 2013 .Usually it is Parliament tradition that after the budget , the Parliament members and staff get a month’s holiday, and therefore they requested to put off the Select Committee sessions during that period .

TNA leader senior politician , R .Sambandan said he has personal reasons to support this request as he has to take medical treatment. But the Govt. representatives behaved most despicably and barbarically in order to primarily fulfill the agenda of the brutish Rajapakses , thereby disregarding the Committee requirements and requests. These Govt. representatives openly and shamelessly demonstrated they are indeed puppets of the regime , and stated , as a member of the select Committee one cannot seek to use it for personal purposes.

Despite the opposition group insisting again on having the sessions uninterruptedly ,after the holiday recess, (Dec. 8th to Jan. 8th) , the Govt. members stubbornly declined . Finally, after disdainfully throwing away the opposition members’ request , the Govt. group decided to hold the sessions during the vacation.

Chairman Yapa said , after the 8th of December , approval will be obtained by passing a resolution in parliament regarding the sessions.

*Later , the Govt. representatives distributed files containing copies of the evidence pertaining to the impeachment charges to all the members. As we pointed out in our previous reports about the gross irregularity resulting from the inquiry Committee members undertaking to furnish the evidence instead of the plaintiff , akin to the mockery Kekille court , so the Inquiring Committee members took upon themselves today the task of distributing the evidence record files , clearly demonstrating the travesty of justice that was being played out by the Govt . members in the Select Committee proceedings directed against the chief justice via the impeachment process. The justice being made its very travesty by the Govt. was most unwelcome and shameful.

In the files distributed , there were the Bank statements , assets and liabilities statement , the Judicial service Commission (JSC) report etc. However there were no evidence in full relating to the charges . As evidence , what was produced were only reports of the Rivira newspaper which is run and maintained on the President’s finances.

The opposition members naturally had cause to question , why, aren’t there other media ? Another issue that was raised by the opposition was about the veracity of the contents of these files. There were no certification that the contents of the files were true. Yapa replied , they have been certified by the relevant depts., and if the CJ’s lawyers question on this , the chiefs of these Depts. can be summoned to testify. These files are to be handed over to the lawyers of the CJ after she arrives for the Select Committee meeting tomorrow at 2.30 p m.

*The issue that sprung up yesterday that this select Committee has no methodology to carry on its functions again surfaced today. There was no consensus arrived at on this matter . This means that the select Committee proceedings hitherto inquiring into the impeachment motion has been without a methodology like its Govt. members without mental abilities , and will necessarily continue sans method or sane minds ( Govt. members) hereafter.

Meanwhile the posting of the news regarding the Select Committee proceedings by the websites had become a hot theme of discussion. This issue was raised first by Rajitha Senaratne.
It was the stance of the opposition members that the proceedings should be conducted in an atmosphere of transparency, and in reply to Rajitha , the opposition asked, was it not Minister S B Dissanayake who held a media briefing following the first session of the Select Committee , and revealed everything? In any event , the Chairman of the Committee decided to complain to the speaker. The select Committee proceedings concluded at 12.05 p.m. yesterday.

Since the Govt . representatives were not paying any heed at all to any proposal advanced by the opposition members , the UNP members who had discussions regarding this with the opposition leader stated they want to resign from the Committee. But some others said this is not the opportune moment for that.

Systems Are Collapsing!! So What? Perspective Of The Left

By Sumanasiri Liyanage -December 5, 2012

Sumanasiri Liyanage

My friends who have or previously had links with the Marxist left are greatly perturbed these days by the series of events that were unleashed in the recent past and that seem to have reached a climax with the impeachment motion against the Chief Justice. It is quite natural that these developments have put liberals off balance. Unfortunately, the left in Sri Lanka are at present in the same boat. What is resonated in their minds appears to be that ‘the whole system is collapsing’; ‘the system has begun to collapse’. This state of mind is clearly reflected not only in their writings and public statements but also in private conversations. Minister D E W Gunasekara, the General Secretary of the Sri Lanka Communist Party, told the Parliament that people in this country will lose faith and trust in the Parliament and the Judiciary if things are allowed to move in an uncontrollable direction. I share their reading of the situation, i.e, systems have begun to collapse; but I am not disturbed by the situation. On the contrary, I am quite happy over the fact that the system has begun to collapse. Is not this a situation we in the left have been waiting for? Did not we repeat time and again that this system was decayed, moribund and full of contradiction; therefore its internal dynamic would lead eventually to its collapse? Do we have tears to be shed for the system’s collapse? Let me pose a different question: Why are systems undergoing in the process of disintegration? In my opinion, systems needs to be changed and transformed because the ruling classes can no longer rule and govern by adopting and using old  mechanism and methods. In fact, the change actually began in the mid-1970s. Hence, it has been a gradual process. However, the country’s existing system needs a radical shift if it wants to move to its next phase.

Periodizing the Second Republic

About 35 years ago, when the Second Republican Constitution was enacted, Dr N M Perera, my political mentor, informed us that this Constitution would finally create a situation in which different persons and different branches of the state instead of working in unison would clash vehemently with each other. What he envisioned has become true today. Looking at how it has worked, the Sri Lankan Executive Presidential system, in my opinion, can be divided into three phases, namely, (1) 1977- 1987: a system based on personal authority and respect; (2) 1988- 2012: a system based on offering  bribes; (3) emerging system based on centralized, unified and openly authoritarian oligarchic power. The executive presidential system that was made to be based virtually on ‘bribes’ (financial and non-financial) to legislature, judiciary and subordinate part of the executive itself after the impeachment on President Premadasa has now proved that it cannot go on like this. System of bribes would encounter a crisis for two reasons. First, when the quantum of bribe is not adequate to be distributed among the ruling groups involved. Secondly, people who depends on bribe always in a non-satisfied state so that s/he seeks more. It seems that the system developed by President Premadasa and followed by President Chandrika Bandaranaike and President Mahinda Rajapaksa has now reached its crisis point. Hence, President Mahinda Rajapaksa has realized that it is imperative to make the system more unified, centralized and authoritarian. In other words, a system that depends more on sticks than carrots has become the need of the day. He was made aware that “Offering bribes” in the form of high posts in the government has become inadequate in taming the so-called independence of judiciary that lost its virginity long time ago. President seems to think that he should act quickly before he loses his two-thirds majority in the Parliament that seems to be imminent in the near future. It is in this context, we are witnessing the clash between the legislature and the executive on one side and the judiciary on the other. It may be extremely interesting to see the final outcome of this battle. Whatever the outcome, the trust that the people have on these institutions would be further weakened. It is quite clear that at the time of crisis, all these institutions are concerned more and more with the protection of their identity rather than the performance of their moral obligations.

Challenge of the Left

We live in an interesting time. As Marx and Engels said in a different context, in such a situation, “[a]ll that is solid melts into air, all that is holy is profaned, and wo/man is at last compelled to face with sober senses his/ her real conditions of life, and his/ her relations with his kind”. Now let me come to my initial question. Why should left be disturbed by these events? I could identify three reasons why the left is so worried about the evolving situation. First, the leftists tend to believe with some justification that the presence of democratic institutions even with bourgeois bias would assist the campaign of the left against the system for far-reaching reforms. According to them, the institutions that are in crisis are bound with democratic norms so that the protection of the institutions is imperative to preserve those democratic norms. Of course there is a truth in this argument; but at the same time we have to keep in mind that the architecture of these institutions are designed in a such a way that those democratic norms are embedded in them to achieve an explicit instrumental purpose. While the ruling class is making a desperate attempt to discard democratic norms from the institutions, the left on the contrary should find ways to protect the democratic norms by developing a new institutional architecture. Secondly, the left appears to be worried of the fact that alternative systems to replace the old decadent systems have not yet evolved. So the current situation may lead to anarchy. Once again, this view is also based on misconception. People develop new and alternative systems when they are really active on the streets, factories, universities etc. Soviets in 1905 Russia or Commune in 1871 Paris were not pre-planned structures. People develop them through their own experience and to suit the need of the day. Thirdly, a large number of leftists are scared that they would lose what they have collected, financially and otherwise, in relatively crisis-free period. Hence, protecting existing systems go very well with their newly acquired vested interests either in the form of positions and/or wealth.

The development in the past year or two shows that new opportunities have open for the Sri Lankan left to remobilize its forces to confront the new challenges posed by the current conjuncture. Protests over land, water and police harassments are reported almost everyday in the media. These protests show that the system as it works today is incapable of meeting peoples’ demands and satisfying their aspirations. The support for the FUTA demand for the allocation of 6% of the GDP for education also signifies the macro level issues that need to be addressed. The collapse of the systems is an indication that the country needs systemic change in its polity, economy, society and culture. The new systems do not fall from the sky. Systems evolve and develop. Instead of disturbing and worrying about the system collapse, in my opinion, the left should come up with a clear alternative.

*The writer teaches Political Economy at the University of Peradeniya and is a co-coordinator of the Marx School, Colombo, Kandy and Negombo. E-mail: sumane_l@yahoo.com

UTSC TSA Solidarity Rally- In Support of Jaffna University Students.mov

Published on Dec 5, 2012 by UTSCTSA

On Tuesday, December 4th, 2012 The Tamil Students' Association at the University of Toronto Scarborough Campus held a solidarity rally alongside our student union, the Scarborough Campus Students' Union, which represents over 11 000 students at UTSC, and the Toronto Students for Justice in Palestine. Students from UTSC stood in solidarity with the Jaffna University Students, condemning the actions of the Sri Lankan military. UTSC TSA demanded the release of the 4 students held under custody by the Sri Lankan military which includes their student union president as well as the removal of all Sri Lankan military off of the Tamil homeland. An attack on students anywhere is an attack on students everywhere. When education and freedom of speech and expression is attacked students everywhere will stand up and voice against that. UTSC TSA deems it is important now more than ever for the youth to rise up and stand in solidarity with our brothers and sisters.

Lanka steadfastly stood with Palestine - President

Mahinda congratulates Palestine

 

Lanka steadfastly stood with Palestine - President

President Mahinda Rajapaksa, in a letter congratulated Palestine President Mahmoud Abbas and the Palestinian people on their country being upgraded to a non-member observer state of the United Nations.

In his message, President Rajapaksa recalled that Sri Lanka has “steadfastly stood with the Palestinian people in their decades long struggle for justice” and expressed his continuous support.

The message: “It is with great pleasure that I extend my heartiest congratulations and sincere best wishes to Your Excellency and the people of Palestine on behalf of the government and people of Sri Lanka on this happy occasion of the adoption of the historic resolution on the enhancement of the status of Palestine in the United Nations General Assembly.

“I firmly believe that the overwhelming support extended by the 138 countries in the United Nations General Assembly to elevate the status of Palestine as a Non-Member Observer State is an important milestone in the path to achieve the legitimate rights of the Palestinian people.

“The people of Sri Lanka steadfastly stood with the Palestinian people in their decades long struggle for justice and to achieve the legitimate aspirations in accordance with the UN Resolution. I am pleased to state that Sri Lanka joined other countries to co-sponsor the resolution to express the solidarity and resolute commitments of my government to the Palestinian people and their just cause. I look forward to working closely with you to achieve the objectives of Palestinian people.

“I take this opportunity to convey to you my good wishes for your good health, happiness and personal well-being and for peace, progress and prosperity of the people of Palestine.

Please accept, Excellency, the assurances of my highest consideration.”

VIDEO: FIVE UNIVERSITY STUDENTS ATTACKED BY UNKNO

December 5, 2012

Five Rajarata Students who sustained injuries from an unknown group of attackers, have been admitted to the Mihintale Hospital. 

Two of these students were attacked within their private hostels last night (04). The other two were attacked while going to their hostels day before yesterday (03).

The Mihintale police are conducting further investigations on the matter.

Patrick Brown Expresses Concern Over The Worsening Human Rights Situation In Sri Lanka

By Colombo Telegraph -December 5, 2012

Patrick Brown, the Member of Parliament for Barrie in Canada , expresses serious concern over the recent threats to freedom of expression and freedom of assembly in Sri Lanka.

Patrick Brown

On November 28, the beating of a reporter in Jaffna, harassment by Government of Sri Lanka officials towards independent media outlets and searches of journalists without warrants all serve to stifle the freedom of the media. Brown is also greatly concerned over reports of attacks, continued harassment and detention of Jaffna University student leaders. He calls upon Sri Lankan authorities to exercise restraint, to respect peaceful demonstrations and to release the student leaders immediately.

“I first became engaged with the plight of the people in this region back in 2009 when the Sureshkumar family of Barrie shared their Sri Lankan experiences with me. These recent reports of escalating human rights abuse in Sri Lanka are certainly raising the level of concern across the International Community”, said Patrick Brown, Member of Parliament for Barrie. “Militarization and authoritarian trends are not part of any real democracy,” he added.

“We are deeply concerned about the lack of reconciliation and the authoritarian trend we’ve seen in many government actions in recent months,” Foreign Affairs Minister John Baird said last week.

Brown also urges Sri Lanka to remove the military from the Tamil populated area and leave the administration to civilian officials. Also, he said it is time for the International community to play a meaningful role to bring a speedy resolution to the Tamil Grievances in Sri Lanka.

Tamils protest in Sri Lanka amid post-war tension

COLOMBO — Hundreds of ethnic Tamils in Sri Lanka staged a major protest in the former war zone of Jaffna on Tuesday, the first since the end of the civil war three and a half years ago and a sign of growing tension.

Local politicians joined the demonstration denouncing security forces and the government at the main bus station in Jaffna, a one-time rebel heartland in the north of the country which was run by the Tamil Tiger separatist group.

"This is the first big protest against the government since fighting ended in 2009," Tamil lawmaker Suresh Premachandran of the Tamil National Alliance (TNA) party told AFP.

Premachandran, who represents the Jaffna constituency in parliament, said over 1,000 people joined the peaceful demonstration as police and troops watched from the sidelines.

Last week, the TNA accused security forces of triggering unrest in Jaffna by storming Jaffna University to thwart a planned commemoration for defeated Tamil Tiger guerrillas.

At least 20 students were hurt in the worst ethnic violence since the end of the decades-long war. Witnesses said police and plain-clothed security personnel attacked students -- a charge the military denied.

Sri Lanka's army, which is almost entirely made up of ethnic Sinhalese, crushed the ethnic Tamil rebels in May 2009 in an onslaught that has since been dogged by war crime allegations.

Foreign governments and rights groups have since pushed victorious President Mahinda Rajapakse to reach out to Tamils, offer concessions and bring the country together, but he has faced criticism for moving too slowly.

Security forces still have a strong presence in the former war zone amid fears that Tiger remnants could try to stage a comeback.

Tamil politicians say security forces are effectively controlling government functions, although the military denies this.

More skeletal remains unearthed from Matale mass grave

WEDNESDAY, 05 DECEMBER 2012 11:38

It is reported that parts of 24 sculls and several skeletal remains have been found at the mass grave at the Matale Hospital premises.

Skeletal remains of five bodies of the remains that was unearthed were removed from the grave in the presence of Matale Magistrate and Additional District Judge Mrs. Chathurika de Silva. Places where 4 more bodies and 6 skulls are found have been identified.

It would take several more days to unearth all the skeletal remains in the mass grave and their sex and whether they died of violence could be determined only after intensive tests say specialist doctors.

Related news:

10 skeletal parts unearthed from mass grave

Security at mass grave tightened

Would discovery of mass grave expose brutality of SLFP led UF & UNP? 

Presidential advisors propose withdrawal of impeachment motion

Tuesday, 04 December 2012

Several senior Presidential advisors and senior minister shave met the President and requested him to withdraw the impeachment motion against the Chief Justice since it would have a long term political benefit given the pressure that could be put on the government by the international community.

Several governing party members in the parliamentary select committee (PSC) probing the impeachment motion had also participated in the discussion. The senior Presidential advisors have said that although a majority of the people in the country was unaware of the impeachment motion process, it would have a negative impact on the country during the UNHRC sessions in Geneva in March and at the Commonwealth Heads of State summit in September.

Several lawyers who are close to the President have also discussed the matter with him and Minister Nimal Siripala de Silva has said that a statement against the judiciary should be made by the Speaker. The President had then assigned the task of preparing the statement to former Attorney General Mohan Peiris. The President had also said that it was important to get the support of the Opposition and UNP Leader Ranil Wickremesinghe for the task.

The President had then telephoned Ranil Wickremesinghe and informed him that the Leader of the House would be making a statement in parliament on the supremacy of the legislature and had asked the UNP Leader to explain the stance of the UNP on the matter.

Afterwards, it had been discussed on the intermediaries who needed to be taken in to the process in order to conclude the impeachment motion process in a manner that would be beneficial to the government.

A majority of the people at the discussion had said that head of the Bar Association of Sri Lanka (BASL), Attorney and parliamentarian Wjedasa Rajapakse would be the best person for the job.

CJ's lawyers call for commonwealth observers

04 DECEMBER 2012

BY ATHULA VITHANAGE

Lawyers appearing on behalf of Sri Lanka's top judge have requested that impeachment proceedings should be conducted in the presence of observers from the Commonwealth nations.

The lawyers told the Parliamentary Select Committee (PSC) on Tuesday (04) that in addition to observers from the Bar Association of Sri Lanka, the commonwealth observers should also be present at the hearing against Chief Justice Shirani Bandaranayake, in order to ensure impartiality.

In a statement issued in November, the Commonwealth Secretary-General Kamalesh Sharma expressed concern over government's move to impeach the top judge stating that 'the Commonwealth believes the preservation of the rule of law and independence of the judiciary are vital to the healthy functioning of a democracy.'

'Transparent and impartial'

Meanwhile, on Monday, hundreds of judges meeting in the capital Colombo issued a statement rejecting the parliamentary panel, saying, "the impeachment against the Chief Justice should be impartial and transparent."

The statement urged to stop the defamatory media statements against the Chief Justice and the judiciary and stressed that 'conducting an inquiry by the parties who brought the impeachment allegations is a blatant violation of the natural justice. We reiterate that nowhere in the world those who make allegations will hear their own case."  

The hearing of the PSC on 14 charges of corruption and other improper acts against the CJ adjourned to 6th December.

© JDS