The Right To Personal Security And The Safety Of The 43rd Chief Justice
Dr. Jayantha Dhanapala
The Friday Forum is gravely concerned about the security and well being of persons who have taken positions regarding the impeachment contrary to that of the government, and continue to do so. These comprise judges and other state officials, lawyers, various civil society groups and individuals.
The right to hold and to peaceably express different opinions, and to act lawfully in furtherance of them, is basic to a free society and must be respected not only by all organs of state but also by every member of the community. The fear now is not merely of possible public vilification, discrimination and victimisation but also of danger to personal security. Several lawyers, including those who appeared for the Chief Justice in the Parliamentary Select Committee inquiry, and two of our members, having received death threats have notified the law-enforcement authorities.
Last but not least Friday Forum also expresses its deep concern about the safety of the 43rd Chief Justice of Sri Lanka Dr Shirani Bandaranayake, regarding whom the Parliamentary Select Committee’s proceedings have been held a nullity by the Supreme Court, and who is regarded by many, including distinguished lawyers, as continuing to be the Chief Justice.
Eating of ceremonial kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating | Photo Vikalpa/CPA
Whatever different opinion others may hold on Dr Shirani Bandaranayake’s present status, it is vital that adequate security be ensured for her and her family. In this context we view with shock and abhorrence the campaign carried on against her by the state-controlled media while she was indisputably the Chief Justice and facing the inquiry by the Parliamentary Select Committee. We likewise view with shock and abhorrence the facilities enjoyed by crowds to demonstrate against her outside Parliament and elsewhere, the contrasting interference with the right of persons critical of the impeachment to peacefully demonstrate in expression of their views, and the disgraceful spectacle of lighting crackers and the cooking and eating of ceremonial kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating, and the failure to ensure her a dignified and peaceful exit from her residence the following day.
Eating of ceremonial kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating | Photo Vikalpa/CPA
The impunity and indeed official sanction with which all this was permitted to take place raises in us serious apprehension as to the future safety of this family. The responsibility of ensuring its security, as also that of the legal professionals, activists and others we have referred to earlier, falls fairly and squarely on those wielding political and governmental power. The Friday Forum urges all concerned, including the law officers of the state, to act with responsibility and impartiality at this important moment of our country’s history.
Jayantha Dhanapala
On behalf of Friday Forum, the Group of Concerned Citizens
Jayantha Dhanapala, Rt. Rev. Duleep de Chickera, Shanthi Dias, Dr. Upatissa. Pethiyagoda, Anne Abeysekara, Faiz-ur Rahman, Dhamaris Wickramasekera, Dr. Selvy Thiruchandran, Rev. Dr. Jayasiri Peiris, Tissa Jayatilaka, Javid Yusuf, Manouri Muttetuwegama, Dr. Deepika Udagama, Professor Arjuna Aluwihare, Dr. A. C. Visvalingam, Dr. Devanesan Nesiah, Suriya Wickremasinghe, Lanka Nesiah, Ahilan Kadirgamar, J.C. Weliamuna, Dr. Jayampathy Wickramaratne, Sithie Tiruchelvam, D. Wijayanandana, Ranjit Fernando, Danesh Casie Chetty, Chandra Jayaratne,
Govt Plans Sham Ceremonial Welcome For Mohan Pieris On Wednesday
The Government is hurriedly organizing a sham Ceremonial Sitting in the Supreme Court on Wednesday (23.01.2013), in a desperate bid to give the appointment of Mohan Pieris to function in the office of Chief Justice against court rulings and intense condemnation locally and internationally, the appearance of legitimacy and acceptance, the Colombo Telegraph can reveal today.
Mohan Pieris
The Bar Association (BASL) has rejected steps to replace Dr. Bandaranayake as Chief Justice without due process and in contravention of the determination of the Supreme Court and a ruling of the Court of Appeal. At an Extraordinary General Meeting called for and attended by thousands of lawyers from across the country, the BASL national membership resolved not to endorse the appointment of an illegal or irregular replacement by attending or participating in any Ceremonial Sitting for any new ‘appointee’.
After the controversial and widely condemned removal of Dr. Bandaranayake without due legal process, Colombo Telegraph learnt that several respected judges and senior lawyers when approached had refused to accept the top judicial spot in keeping with their conscience. Eventually, Pieris, who has many serious allegations of corruption/conflict of interest connected to his tenure as Attorney General pending against him, was handpicked for the job. He was installed in office, on a day when Hulftsdorp was filled with security and police personnel.
A Ceremonial Sitting involves two traditional addresses – one by the President of the BASL (the head of the unofficial bar) and another by the Attorney General (head of the official bar) welcoming the new appointee to office. The President of the BASL and its members cannot participate in any ceremony to welcome Pieris in keeping with the resolution of the BASL general body. All Attorneys at Law are members of the BASL, including the officers of the Attorney General’s Department. However, Colombo Telegraph learns that tremendous pressure has applied on the Attorney General and it’s officers to participate in the Wednesday ceremony. Therefore, according to several leading lawyers contacted by Colombo Telegraph, the attendance/non-attendance of the Attorney General and his officers on Wednesday, would indicate the degree of independence allowed to that institution.
In order to substitute the traditional welcome address by the head of the unofficial bar (President, BASL), the Colombo Telegraph reliably learns that the government is engaged in a desperate attempt to induce and even pressurize several senior President’s Counsel to make a substitute address to give an air of normalcy to a sham function boycotted by the Bar at large in keeping with the resolution by lawyers countrywide who voted that such a sham must be boycotted altogether.
The Colombo Telegraph is informed that those belonging to the Sri Lanka Freedom Party (SLFP) Lawyers Association and those lawyers who have been granted favours and appointments by the ruling regime have been instructed that attendance is mandatory and will determine their future prospects. In this way, several recently appointed President’s Counsel who are in search of big cases from state institutions have also been informed that they should return the favour of their appointment by attendance.
The Colombo Telegraph also reliably learns that the government is considering various unorthodox ways to increase the appearance of legitimacy to the ceremony, including getting non-lawyers to attend dressed in lawyer’s attire to swell the numbers and give the appearance of greater numbers.
Several very senior lawyers commented that it remains to be seen how many judges have the luxury of the independence to refrain from attending this illegitimate exercise, which would be a clear indicator of the measure of judicial independence that prevails despite the pressures posed by non-independence of the judiciary where appointments, transfers, disciplinary control and promotions are concerned, after the controversial 18th Amendment which removed all Constitutional mechanisms intended to allow for independence and non-politicization of key judicial and public positions.
