Respect The SC Determination To Avoid Constitutional Crisis, Urges Judicial Service Association
“The Judicial Service Association (JSA) of Sri Lanka urges all the parties concerned to respect the Supreme Court determination to avoid constitutional crisis which will ultimately lead to lawlessness in the country.” says The Judicial Service Association of Sri Lanka.
We publish below the statement in full;
The Supreme Court of the Democratic Socialist Republic of Sri Lanka exercising exclusive jurisdiction to interpret the Constitution vested under Article 125 of the Constitution has held that the Parliamentary Select Committee procedure which found the Chief Justice Dr. ShiraniBandaranayake guilty was unconstitutional.
The Judicial Service Association (JSA) of Sri Lanka urges all the parties concerned to respect the Supreme Court determination to avoid constitutional crisis which will ultimately lead to lawlessness in the country. The JSA also urges the Parliament to enact necessary legislation as recommended by the Supreme Court to probe alleged misbehavior of apex court Judges.
The JSA is concerned about the media campaign aimed at vilifying the judges who discharge their duties according to law and their conscience.
‘Machang’, ‘Dasa Raja Dharma’ And The ‘Shape Niyaya’
By Charitha Ratwatte -January 8, 2013
Charitha Ratwatte
A newspaper quoted the President, speaking at a function of the Institute of Chartered Accountants of Sri Lanka, as follows: “I want to say something about today’s situation as well since it was mentioned earlier. People may misunderstand, the Chairman of the National Savings Bank (Pradeep Kariyawasam, husband of the Chief Justice) was appointed by us. We appointed the Chief Justice. There were allegations against the Chairman (NSB) that they bought shares at a higher value. It was making headlines every day. I called P.B. Jayasundera (Treasury Secretary) and the relevant people. I told them we will get the money back and managed to shape the matter. That’s the way things are done for our people. So we managed to shape the matter.”
Strangely, things have now become dramatically and drastically ‘un-shaped’! Kariyawasam has been charged with causing loss to a State institution by the Commission for the Eradication of Bribery or Corruption. This is well within the role of a righteous State which is pursuing the norms of good governance and the Dasa Raja Dharma and is to be welcomed.
A process has also begun to impeach the Chief Justice. The latter process has become rather confused by allegations that the principles of natural justice have been grossly violated in the case of the Chief Justice and some constituent parties to the Government, even a former Prime Minister, advising caution and a rethink of the fundamental issues, advising that the Government takes a step back and reconsider the whole process.
These bodies may attract some attention from the powers that be, rather than the other civil society and international organisations and countries which have expressed negative opinions. These include the Maha Nayaka Theras and other religious leaders, the Bar Association of Sri Lanka, the organisation representing the country’s Judges, the Ceylon Chamber of Commerce, the Organisation of Professional Associations and many, many others. Further the confusion has been confounded by reports of a sort of plea bargain offered to the parties concerned by the powers that be!
