By Shamindra Ferdinando-December 10, 2013, 9:50 pm
UNP MP Wijeyadasa Rajapakshe told The Island that he would move a private member’s motion in Parliament today (11) seeking consensus on the removal of the judges of the Supreme Court and Court of Appeal in accordance with the Latimar House Principles already adopted by several leading member states of the Commonwealth.
Having taken over the leadership of the Commonwealth for a period of two years, Sri Lanka couldn’t afford to reject the Latimar House principles, Rajapakshe, PC, said. "In fact, I delayed my move until President Mahinda Rajapaksa assumed the Commonwealth leadership amidst protests by a section of the Commonwealth community."
Responding to a query, the former President of the Bar Association of Sri Lanka (BASL) pointed out that nothing could be as embarrassing as the incumbent head of the Commonwealth having to reject the association’s proposals.
The MP said: "The Principles provide an effective framework for the implementation of the Commonwealth’s fundamental values of democracy, good governance, human rights and the rule of law."
Commenting on the controversial removal of Shirani Bandaranayake from the post of Chief Justice at the behest of the political leadership, MP Rajapakshe said that there was provision in the Constitution for the removal of judges of the Supreme Court as well as Court of Appeal, including the CJ and the President of the Court of Appeal. The bid to oust Dr. Bandaranayake caused a major tussle between the government and a section of the judiciary, the MP said, adding that the government could avoid a future crisis by adopting the Latimar House Principles.
Rajapakshe said that the Latimar House Principles envisaged the appointment of a three-member panel consisting of three judges representing Superior Courts of the Commonwealth, other than the country where the move to impeach CJ was made, to examine the allegations .
Asked whether he was trying to cause political instability ahead of the next session of the United Nations Human Rights Council (UNHRC) session in March, 2014, Rajapakshe said that the appointment of the panel was subjected to consensus among the Speaker and Prime Minister representing the ruling party of any Commonwealth nation and the leader of the Opposition.
The UNPer said that in case allegations were brought against other judges or President of Court of Appeal, a panel consisting of three sitting or retired judges of the Supreme Court would have to be appointed to go into the issue.
Rajapakshe said that unless the government would take a decision within the next six months, he would move for a vote on the issue.
