Govt. secures 2/3 majority

 Impeachment motion passed in Parliament
Three ministers, National List MP skip vote
CJ’s fate in President’s hands

January 11, 2013, 11:24 pm 

by Saman Indrajith

The impeachment motion against Chief Justice Dr. Shirani Bandaranayake was passed with a two-thirds majority in Parliament yesterday–155 for and 49 against. Speaker Chamal Rajapaksa informed President Mahinda Rajapaksa of the ratification of the motion last night itself.

LSSP member Y. G. Padmasiri voted with the government though left party stalwarts D. E. W. Gunasekera and Prof. Tissa Vitharana and Chandrasiri Gajadeera abstained. UPFA National List MP Prof Rajiva Wijesinghe, too, abstained. The UNP and TNA voted against it.

It was the first time in Sri Lanka’s Parliamentary history that an impeachment motion was passed against a Chief Justice.

The government members decided to impeach Chief Justice Shirani Bandaranayake on Oct. 30, 2012. Accordingly, an impeachment motion containing 14 charges and signed by 117 government members was handed over to Speaker Chamal Rajapaksa on Nov 1, 2012.

Speaker Rajapaksa appointed a special Parliamentary Select Committee (PSC) under the chairmanship of Environment Minister Anura Priyadarashana Yapa on Nov. 04, 2012. The PSC comprised seven government members and four opposition members.

Chief Justice Shirani Bandaranayake appeared before the PSC on Nov. 23 and Dec. 06. On Dec 06, 2012. She and her lawyers walked out of the PSC protesting against the process and procedure.

On Dec. 07, the Opposition members walked out of the PSC. Yet, the government members investigated the charges and summoned witnesses before the PSC on the same day.

The report of the PSC was presented to Parliament on Dec. 08, 2012 and after the lapse of one month it was taken up for debate on Jan. 10.

The report was debated on Jan. 10 and 11. The DNA members boycotted the debate. Galle District MP Ajith Kumara, elected on the DNA ticket, but an independent in the House, participated in the debate.

When the time arrived for the vote to be taken, the Opposition opposed it on the grounds that the report submitted to the President had not been placed the Order Paper which, it insisted, contained only the impeachment motion proposing that a Parliamentary Select Committee be appointed to investigate 14 charges.

UNP Kandy District MP Lakshman Kiriella, raising a point of order, said that the Order paper for yesterday did not mention anything pertaining to the report to the President.

Leader of the House, Irrigation Minister Nimal Siripala de Silva pointed out that when he proposed to the House on Thursday to commence the debate on the impeachment, he had mentioned that a report for the removal of the incumbent Chief Justice would be presented to the President and that had been duly seconded by Minister Tissa Karaliyadda. Therefore, the point of order raised by the Opposition had no effect and the House could vote, he said.

Members of the government and the Opposition argued over the provisions in the Constitution and the Standing Orders for nearly half an hour. Speaker Chamal Rajapaksa suspending the sittings said that he would announce his decision after ten minutes.

When the House resumed sitting around 7.40 p.m., Speaker Rajapaksa said that the motion had been included in the Order Paper in accordance with the provisions in the Sections 107 (2) and 107 (3) of the Constitution and Section 78 (b) of the Standing Orders. The motion said that a PSC would be appointed to investigate the conduct of Chief Justice Shirani Bandaranayake and if she was found guilty of even a single charge mentioned in the motion, then the House could debate and vote on the report submitted to the President, requesting her removal from office. He moved the House for the vote. Leader of the House Nimal Siripala De Silva asked for a division by name. The Speaker announced the results around 8.00 p.m.

The President is expected to announce the removal of Shirani Bandaranayake from the office of Chief Justice shortly. Parliamentary sources said that an acting chief justice would be appointed by the President to fill the vacancy.

For Whom The Bell Tolls!

By Elmore Perera –January 11, 2013 

Elmore Perera

The Parliament of the Democratic Socialist Republic of Sri Lanka purportedly consists of representatives elected by the Sovereign people of Sri Lanka. This Parliament is currently debating (on 10^th and 11th January 2013), what is undoubtedly the most “momentous” issue ever placed on the order paper of Parliament. “Momentous” for the reason that their “inevitable”, “unlawful” decision will have “irreversible” and “drastic” consequences from the moment it is taken.

‘Inevitable’ because the division in Parliament will be by name to ensure that our representatives will not be troubled by their consciences – if they have any. ‘Unlawful’ because our elected representatives seem to be either ignorant of or blind to the fact that we the people in the exercise of our inalienable  Sovereignty have, by Constitution, delegated in writing only specific mutually extensive functions and powers to the Legislature, the Executive and Judiciary. ‘Irreversible’ because untimely death of the physical body resulting from rapidly escalating violence is irreversible as far as life on this earth is concerned. ‘Drastic’ because “civilisation”  will be relegated to history and any civilised behaviour will be considered traitorous or even acts of treason, and expeditiously dealt with by Kangaroo Courts (with apologies to the Kangaroos) bound by the extrajudicial norms set by
this incredulous PSC.

To avoid conflicts arising between our more literate and less literate representatives as to what the exact limits of the powers so vested in them are, the Sovereign people in their wisdom, have provided a very special mechanism. They have, by Article 125(1), entrusted the resolution of such disputes neither to the Legislature of wise and not so wise people, nor to the amiable and popular Executive President nor to the numerous Judicial bodies established by the Legislature, but solely and exclusively to the Judicial body established by Constitution  and named as the “Supreme”  Court. No other individual or institution has been deemed by the Sovereign people as being capable or worthy of being vested with any “supremacy”.

The Sovereign people did, however, by Article 74(1) specify that, “Subject to the provisions of the Constitution, Parliament may by
resolution or Standing Order provide for –                           Read More

A PROTEST IN BLACK...

January 11, 2013 

Lawyers wear black cloths to protest against the impeachment of Chief Justice Shirani 

Bandaranayke at the Supreme Court premises in Colombo today (January 11). Lawyers boycotted courts on Thursday and Friday in protest of the government’s attempts to remove the country’s top judge, on charges including financial irregularities and failure to declare assets. (Pic by Sanjeewa Lasantha)

What Happened today -Situation Report of Lawyers Collective 10th January 2013: 9.00p.m.
(Lanka-e-News- 10.Jan.2013, 11.00PM) 
1. Peoples’ March organized by Lawyers’ Collective.
(a) By 7.30a.m (Hulftsdorp - around the Supreme Court premises) the Government had deployed hundreds of goons with placards against the Chief Justice. Among those deployed were Civil Defence Force Officers disguised in civil clothing. Four groups of thugs armed with clubs were also present. They were given protection by the Military and Police. (See Video http://www.dailymirror.lk/video/24894-might-is-right.html )

(b) A group of protestors who were heading to the assembly point were abused and physically prevented from joining the protest and thus more than a thousand protestors were prevented from joining the main protest march. Several people were assaulted by those goons and among them was a civil society activist Tilak Kariyawasam who had later made a police entry at the Keselwatte Police Station. 

(c) When the protest march led by the lawyers commenced, two armed groups prevented them from getting on to the street from the main entrance of the Supreme Court. Requests were made to the Senior Police Officers present to clear one side and to disperse the unruly crowds. However, the Police were unable to persuade the armed thugs to leave. A physical clash was however averted and the march commenced on an alternate route. Despite heavy rain people turned up in thousands and participated. Among them were approximately a thousand lawyers, leaders of all Opposition political parties and main trade union and civil society leaders. 

(d) There was confirmed information verified by our own sources that there were thugs deployed at 8 places to attack the March heading towards Parliament. The organizers decided on an alternate route through Pettah and Fort. Hundreds of Policemen including the STF blocked the protest march near the Presidential Secretariat, in Fort. The organizers thereafter held a meeting addressed by Lawyers, Politicians, Trade Unionists and Academics. Thereafter the protestors returned to Hulftdorp. When they returned the armed goons and others who had blocked the protestors had dispersed.
2. The Government had transported approximately 2000 persons and placed them in front of the Parliament in support of the impeachment. The debate on the impeachment commenced in Parliament at 1p.m. Several Points of Order that had been raised by the Opposition had been overruled by the Speaker. The debate is continuing.

3. The Lawyers’ Collective decided to declare 11th January 2013, the day on which the impeachment vote is expected to be taken a Black Friday calling upon people to raise black flags in courts, homes and work places to mark their protest against the illegal impeachment. 

What A Shame!

By Dhammika Herath -January 11, 2013 

Will Democracy in Sri Lanka die on the 14th of January, the day on which the incumbent chief Justice may be impeached? This question is relevant only if one is willing to consider the state of political affairs in Sri Lanka as of 11^th January to conform to the ethics of democracy. It was indeed heart breaking to see the scenes of hooliganism demonstrated by the thugs who shamelessly blocked the Yesterday’s march (10^th Jan) by the citizens who value democracy in general and judicial independence in particular. It was apparent that those thugs had been sent there by some politician or another. People in their early morning sarongs worn above the knee and holding clubs against lawyers, academics, members of parliaments, former generals, civil society and other concerned citizens, was indeed obscene to say the least. People shouting against the incumbent CJ and accusing her of compromising judicial independence and respect of the judiciary were asking her to step down in some other quarters in Colombo. I can only pity those people because had they had the slightest understanding of what they were doing, on how ignorant they were of the bleak future of themselves and their children, they would not have done that. Nevertheless, the fact, remains Chief Justice of the Democratic Socialist of Republic of Sri Lanka is most likely to leave her office in 48 hours or less. Unfortunately, by the time she departs, we may be asking very serious questions about the future of this country.

Recently, I was reading a book on Culture of Corruption by D.J Smith who mentions that in Nigeria, the police takes bribes not only for releasing drivers after traffic offences, but merely for letting vehicles proceed on roads which are there for that purpose. Virtually most government officials in that country takes bribes, and officials are expected to help relatives and friends from the money looted in that fashion. The top leaders loot the oil, which they export as crude oil, while companies owned by the same top leaders import purified patrol and diesel to sell at higher prices. How far behind Sri Lanka is and will be by 2014, the time we may expect next general elections?

Coming back to the impeachment, how can a government turn such blind eye to all peaceful appeals by most revered and respected in the country; the Mahanayakas, the Cardinal, the Bishops, eminent retired judges, the academics, the bar association, and the civil society…the list goes on. Where are we heading? Some of the worst possible outcomes that I can imagine but pray they will not happen from now onwards include, a referendum to extend the life of parliament along with the repetition of the infamous “Wayamba” type elections (in which people of the province did not go the booth but goons voted carefully on their behalf) unparalleled use of public property for elections and completion of the politicization of the judiciary, extensive militarization, Chinization of the entire economy, and so on. Then comes the intimidation of political opponents with any sense of opposition. Even at prevent one Minister was calling for the “dealing with” the judges who gave the verdicts against PSC. In future, the parliamentarians will find it more and more insecure to speak about corruption and journalists would have less and less room for criticism. Lives will be at risk in doing so. Corruption can engulf the whole economy and public lands can become private property. In short, Sri Lanka is dangerously close to losing all sorts of freedoms. Majority of the Sri Lanka adult population above 18, today and tomorrow will go to sleep after watching their daily teledramas and reality shows and some even News, yet still without realizing that this is happening under their feet.  For me, that is not the most worrying thing. My greatest worry is, I am beginning to lose hope. Sri Lanka can slide into complete dictatorship. For how long???

Let me nevertheless salute everyone who put up a valiant but losing battle against the Impeachment. They may have lost but not the message they gave.

*Dhammika Herath PhD in Peace and Development Research

Judges Are Obliged To Follow Supreme Court Decisions

By Jayampathi Wickramaratne and Srinath Perera PC On behalf of Lawyers Collective -anuary 11, 2013 |

Dr. Jayampathy Wickramaratne PC

Your Lordships and Your Ladyships of the Supreme Court,

THE ATTEMPT TO REMOVE THE CHIEF JUSTICE FROM OFFICE AND TO REPLACE HER CONTRARY TO THE PROVISIONS OF THE CONSTITUTION

As Your Lordships and Ladyships are aware the Supreme Court has on the 1^st of January 2013 exercised its Constitutional Jurisdiction and interpreted the Constitution holding that a Select Committee appointed under Standing Order 78A of the Parliament, does not have the power to arrive at a finding against a Judge of a Superior Court in terms of Article 107(3) of the Constitution.

On the 3^rd of January 2013 the Court of Appeal, exercising Writ jurisdiction under Article 140 of the Constitution, quashed the decision of the Parliamentary Select Committee finding the Chief Justice Dr. Shirani Bandaranayake guilty of three charges set out in the impeachment resolution submitted by 117 Members of Parliament.

In view of the interpretation given by Your Lordships’ Court and the decision of the Court of Appeal, the attempt to remove the Chief Justice from office is without any legal basis and contrary to the Constitution and the law of the land.

We understand that despite the aforesaid interpretation and the judgment of the Court of Appeal, nevertheless the Parliament of Sri Lanka is debating the resolution of impeachment and seeking to submit an address of Parliament to the President calling for the removal of the Chief Justice.

We understand that there is a likelihood of such an address being followed by Her Ladyship the Chief Justice being illegally removed from office and being replaced with a new appointee, whose appointment is illegal and contrary to the Constitution of Sri Lanka and the very decisions of Your Lordships’ Court. Such a person would be a usurper in the Office of Chief Justice.

As you are well aware you are obliged (as are we) to honour and follow the decisions of our courts whether we agree with it or not. Thus disagreements in other quarters is irrelevant.

In the aforesaid circumstances, at a time the Judiciary and the Bar of Sri Lanka are facing the gravest crisis in the history of its existence, we as members of the Bar feel it our bounden duty to call upon Your Lordships and Ladyships’ to act to protect the independence of the judiciary which is an intangible heritage of the people of this country.

Accordingly we the undersigned earnestly request that the Judges of the Supreme Court should refuse to accept an appointment of Chief Justice ( or as acting Chief Justice) or refuse to recognise any person appointed to the office of Chief Justice and refuse to sit with a person appointed as the Chief Justice as such an appointment would be contrary to the Constitution which Your Lordships and Ladyships and we as members of the Bar have sworn to uphold.

We may add that Your Ladyships and Lordships are obliged to follow the decisions of our courts and that if Your Lordships or Ladyships refuse to abide by the rulings of the Supreme Court and Court of Appeal you cannot expect any other person to follow the orders of any of our courts.

*Dr. Jayampathi Wickramaratne PC & Srinath Perera PC On behalf of LAWYERS COLLECTIVE

The country is heading towards a monarchy

Friday, 11 January 2013 

Media statement by Hon. Karu Jayasuriya M.P. UNP Gampaha District on 11th January 2013

Again we are compelled to talk about the goons with political blessings because we are fast becoming a failed state and the rule of law in our motherland is crumbling down. Law of the jungle reigns supreme in place of law; power of the goons in place of discipline; injustice in place of justice; dictatorship in place of democracy, are being established. Right for dissent is being trampled down. The actions of the government prove that they want only their point of view to prevail in the country and they expect society as a whole to tow their line of thinking.

Closest example is the engagement of goons carrying poles to suppress the peaceful protest against the impeachment, by lawyers, representatives of political parties and civil activists, in Hultsdorf Colombo yesterday.

The print and electronic media showed groups of persons supporting the government for the impeachment motion, waiting near the Hultsdorf Courts premises, some of them were carrying poles and attacked their unarmed rivals in the presence of police officers who were deployed to protect peace and order.

This is not the first and last instance of such occurrences. When General Sarath Fonseka was in jail, goons attacked the peaceful protest held on Independence Day in the year 2011 by Members of Parliament and members of public and civil activists demanding the release of General Fonseka. This was also in the presence of Police Officers.

It is not that difficult to identify the political masters of these goons, considering the way the goons behaved ruthlessly in the presence of the Police Officers.

Having identified the goons who attacked the protest held on Independence Day in 2011, we tabled their names in Parliament. Although two years have elapsed no one has been arrested by the Police. Considering the above it is rather difficult to believe that law will be implemented against the goons who behaved indiscriminately near the Courts premises in Hultsdorf. We challenge the government which boasts frequently about establishing a democratic miraculous Sri Lanka, to take into custody the political goons who are powerful enough to behave freely as they fancy.

It is evident under these circumstances that the country is heading towards a monarchy and this is turning into a social tragedy. The impeachment against the Chief Justice will end up in aggravating this situation. Finally the country will become a state without law and the law of the jungle will prevail. We urge the government not to be arrogant because of the two thirds majority they have but to take action to build the democratic and just society that people expected during the post war period. The government must realize that if they fail to do so it will lead to a grave social tragedy.

Karu Jayasuriya MP

Chief Justice Impeached

By Colombo Telegraph -January 11, 2013 

Chief Justice is impeached a short while ago.  Parliament votes 155 for the motion 49 against it and 20 abstained . Speaker Chamal Rajapaksa said that motion against the Chief Justice was passed in parliament.

Issuing a press statement the United States Embassy Colombo says it remains deeply concerned by the impeachment proceedings against Chief Justice Shirani Bandaranayake, which were conducted in defiance of a Supreme Court order.  This impeachment calls into question issues about the separation of powers in Sri Lanka and the impact of its absence on democratic institutions.

The Embassy is also concerned about accounts of violence during several of the protests.  The Embassy calls on all sides to respect the right of peaceful protest, and calls on the government to ensure that non-violent protesters are protected.

“The United States, along with our partners in the international community, continue to urge the Government of Sri Lanka to uphold the rule of law and respect the principles of democratic governance” the US says.

Meanwhile the Centre for Policy Alternatives (CPA) says it vehemently condemns the resolution passed by Parliament today to impeach Sri Lanka’s Chief Justice, Dr. Shirani Bandaranayake. This follows CPA’s statement issued on 8th January 2013 welcoming the judgment of the Court of Appeal and determination of the Supreme Court and calling for Parliament to comply with the law.

“This unnecessary and regrettable move by the legislature today has deeply debilitating consequences for constitutional governance, and demonstrates the contempt in which basic principles of democracy and the rule of law are held in Sri Lanka today. Notwithstanding this, CPA hopes that the constitutional crisis facing us may yet be addressed responsibly, with restraint and in adherence to the Constitution.” the CPA further says.

Related stories;

Mobs Camped Outside CJ’s Residence, Kiribath Is Being Cooked, CJ’s Life Under Threat

Hold Those Responsible For The Unconstitutional Impeachment Accountable – Lawyers Collective

By Colombo Telegraph -January 11, 2013

“Our proud judicial history has been tarnished. The ill-advised impeachment mooted by a few politicians was solely to protect their political power. Hold those responsible for the unconstitutional impeachment accountable. This is our plea to the national and international community.” says the Lawyers Collective.

We publish below the full text of the statement;

Black day in history of Sri Lanka

Sri Lanka’s Chief Justice has been impeached. The whole process was unconstitutional and politically motivated.

Repeatedly institutions, intellectuals, political parties and individuals – at national and international level – requested the Government not to proceed with the impeachment. All such requests were ignored. Even those by religious dignitaries were thrown away. The Highest Court of the land declared that the impeachment was unconstitutional. The Government turned a deaf ear to all this. It proceeded with the impeachment which concluded today.

This experience has tested the conscience of our Nation. It has hurt the very foundation of democracy in Sri Lanka. The damage caused is irremediable.

Our proud judicial history has been tarnished. The ill-advised impeachment mooted by a few politicians was solely to protect their political power.

Hold those responsible for the unconstitutional impeachment accountable. This is our plea to the national and international community.

Sri Lanka judges urged to boycott new chief
(AFP) / 11 January 2013

Sri Lankan lawyers on Friday urged judges to refuse to accept the appointment of a new chief justice ahead of a vote that is expected to see the incumbent impeached by lawmakers.

The Lawyers’ Collective in letters to judges said a move by parliament to go ahead with a vote later Friday to remove Chief Justice Shirani Bandaranayake was illegal as two superior courts had already declared the process null and void.
Any replacement for the current chief justice would be a “usurper”, the lawyers said, urging other judges not to welcome a new appointee likely to be named after parliament votes to remove Bandaranayake.
President Mahinda Rajapakse is widely expected to confirm the impeachment of Bandaranayake, the country’s first woman chief justice, after Friday’s vote in parliament where he commands a two-thirds majority. Only an absolute majority is required for the move to be approved.
The move to sack the top judge has raised concerns for judicial independence in a country emerging from nearly four decades of ethnic war. The US has led international concern for due process in the island.
“Judges should refuse to accept an appointment of chief justice or refuse to recognise any person appointed... as such an appointment would be contrary to the constitution,” the Lawyers’ Collective said.
“Such a person (new appointee) would be a usurper in the Office of Chief Justice.”
The government initially filed 14 charges of financial, professional and personal misconduct against Bandaranayake, 54, but a parliamentary committee convicted her only of three relating to “misconduct”.
However, those findings were quashed by courts on Monday. Parliament said it will not accept the court verdicts.
Parliament found her guilty of tampering with a case involving a company from which her sister had bought an apartment, not declaring dormant bank accounts, and staying in office while her husband faced a bribery charge.
Rajapakse has tightened his grip on power after crushing Tamil rebels in 2009 following a major military offensive that sparked international allegations of rights abuses.
Work in court houses has been at a standstill since Thursday as lawyers stayed away protesting what they call a politically-motivated impeachment, a charge denied by the government.

SRI LANKA: A crisis of the state

January 11, 2013

The parliament in Sri Lanka, in defiance of the judgement of the Court of Appeal which was based on the interpretation of law provided by the Supreme Court of Sri Lanka, yesterday (January 10), started a debate on the impeachment of the Chief Justice. A vote on the impeachment will be taken at the end of the today's debate at 6:30 pm. The President of Sri Lanka is thereafter expected to make an address for the removal of the Chief Justice. As the Chief Justice has challenged this entire process as unconstitutional, steps will be taken to remove her by force. Following that the government will proceed to appoint a stooge Chief Justice. 

With this the rule of law system in Sri Lanka comes to an end. 

This is the culmination of the scheme of the 1978 Constitution which is a constitution, not of a democracy, but of a dictatorship. However, in 1978 given the tradition of the rule of law and democracy that prevailed in the country it was not possible for the then president to declare himself a dictator. In contrast to Sri Lanka, in neighbouring countries such as Pakistan there had been military takeovers where rejection of democracy and the establishment of the military dictatorship were quite visible.

What happened in Sri Lanka was the use of the over two-thirds majority that the government had in parliament to create a constitution within which the parliament and the judiciary were both brought under the control of the executive president. The executive president was therefore placed above the law. 

Some constitutional experts, such as Dr. Mark Coray, argue that there are no perfect constitutions anywhere in the world and that the 1978 Constitution was also an imperfect constitution. However, the problem with the 1978 Constitution is that it is not an imperfect constitution of a democracy but that it was not the constitution of a democracy at all. If one were to argue that the order established by Adolf Hitler is imperfect like every constitutional order which can never be fully perfect such a comparison would be an absurdity. 

There is hardly any relevance in comparing the 1978 Constitution of Sri Lanka with the constitutional law of the United Kingdom, the United States or Australia. These are all countries where democracy has been established and the rule of law is accepted as the foundation of social organisation. The 1978 Constitution rejects democracy and so distorts the system that the rule of law cannot function at all.

The forcible removal of the Chief Justice is the culmination of the process ushered in by the 1978 Constitution. It removes the façade and the pretense of democracy and establishes the total power of the executive. It virtually demolishes the legislature and the judiciary as separate branches of the government. 

This is the stark reality that Sri Lankans will have to deal with in the future. The legal professionals as well as judicial officers recognise this reality. Yesterday and today, when the parliament was discussing this impeachment the courts were on strike. The lawyers took to the streets and the largest demonstration ever held in Sri Lanka on the issue of the independence of the judiciary took place. It was attended by large numbers of criminals armed with wooden poles and other weapons that were strategically along the route of the demonstrators while the armed police looked up and did nothing to stop or prevent the violence. However, the lawyers and civil society organisations dared to face such threats and to conduct the demonstration showing their opposition to what was taking place in parliament. 

Without the rule of law structure the law cannot function. In many ways the system in Sri Lanka has remained dysfunctional for several decades, progressively becoming more dysfunctional every year. Now with the judiciary being brought openly under the executive and being run by a stooge chief justice the law will face the greatest crisis it has ever faced in Sri Lanka. 

Should Sri Lankans accept the removal of the incumbent Chief Justice and the appointment the stooge chief justice as a matter of obedience? To interpret the question of obedience in this manner is to look into the problem of obedience in the same way as Adolf Eichmann did during his trial after being arrested by the Israeli authorities. He claimed that obedience to Adolf Hitler amounted to obedience to the law. Hannah Arendt exposed this attitude as the 'banality of evil'. 

Could anybody argue that the blatant expressions of the executive, which is opposed to the liberties of the individual, as law requiring the obedience of the citizens? Only those who either do not understand the magnitude of the suppression of the freedoms in the country or are supporting this suppression could argue in this manner. 

The path that lies ahead for Sri Lankans is to struggle towards a legal order based on the rule of law and democracy as against the arbitrary rule of the executive. Today, even the middle and affluent classes of Sri Lanka, which pathetically supported the 1978 Constitution in its early stages, have come to the realisation that they do so in the future at their own peril.

From tomorrow Sri Lankans begin a completely new page in their history. They will no longer have a judiciary as a separate branch of the government. This means that there will be no branch of the government that has the duty to protect their liberties. They will become a plaything at the hands of the executive. Naturally the freedom loving people of Sri Lanka will not want to submit to this situation. Therefore the struggle for democracy and the rule of law will become the most basic premise that Sri Lankans will have to struggle for if they wish to return to a democratic society rooted on the rule of law. 

Basil Fernando
Director Policy and Programme Development

Two related articles: Sri Lanka: The incumbent dispensation with a two-thirds majority is acting like a monkey with a razor - what disaster happen (Editorial in The Island) and Ranil's Silly Statements and Dismissing the CJ By Hook Or By Crook

Mobs Camped Outside CJ’s Residence, Kiribath Is Being Cooked, CJ’s Life Under Threat

By Colombo Telegraph -January 11, 2013 

A crowd of protesters are camped outside the Chief Justice’s official residence for the last two days have come out on to one lane of Baudhdhaloka Mawatha.

Kiribath (Milk rice) is being cooked outside CJ’s house. CJ and family are inside the premises. Politicians and celebrating mobs are expected there after vote in parliament.

“One hopes nothing chaotic and ugly will happen after celebration” a concern citizen told Colombo Telegraph. “We’re on the eve of the official crossing from democracy to a dictatorship” she further said.

“After yesterday’s incidents it was clear that the government is willing to resort to extra judicial acts and therefore we fear for the life and property of the Chief Justice” J.C. Weliamuna of the Lawyers Collective told Colombo Telegraph.

Situation Report By Lawyers Collective: Government Mobs Lit Firecrackers

By Lawyers Collective -January 11, 2013 |

January 11,2013 : 11.00 p.m. Colombo;

1. Black flags were raised in court houses all over the island in protest of the impending illegal impeachment to be voted on in Parliament. Sections of the general public also wore black to express their solidarity. Most of the courts were closed throughout the day in protest

2. The Lawyers’ Collective submitted to the Judges of the Supreme Court requesting them not to recognize any person appointed as Chief Justice. Further the Lawyers’ Collective issued a statement expressing their concern for the safety of the Chief Justice and her family in view of the extra judicial methods that were used in yesterdays March.  Later in the day, several senior Lawyers submitted a similar letters. The Executive Committee of the Bar Association of Sri Lanka, that met in the late evening adopted similar resolution.

3. The debate commenced in Parliament for the second day. Several groups, sponsored by the government held demonstrated near the parliament in support  of the Impeachment.  Continuous reformatory  hate campaign continued in state media with a poster campaign all over the country.

4. In  parliament several Points of Orders were raised by Opposition but all of them were over ruled by the Speaker. Subsequently at the time of voting a Member of Parliament raised a Point of Order stating that the motion impeach and vote on the same was not in the Agenda and hence cannot be taken up for voting. Despite this, after a short adjournment the Parliament the Speaker ruled that the vote could go ahead irrespective of it not being provided for in the Order Paper.  Around 7.15 p.m. the vote was taken and passed comfortably.

5. When the Parliamentary debate was taking place, Government sponsored mobs moved near the official residence of the Chief Justice.  The Chief Justice and the family were inside the residence. Milk rice (kiri bath) was prepared in celebration of the passing of the vote of impeachment of the Chief Justice by the Government sponsored mob.  After the voting, several Ministers and MPs joined the crowd and made speeches.  In the mean time, the government sponsored groups lit crackers.  The mob dispersed around 10.00 p.m.

6. Further, organized groups sponsored by the Government lit firecrackers in several parts of the country, at the announcement of passing of the impeachment motion in Parliament.

Sleepwalking In To An Apocalypse: The Gathering Storm Of Sinhalese – Muslim Strife

----------------------------------------Dalai Lama

  

By Boz -January 8, 2013 

The Sinhalese-Muslim race riots of 1915 were sparked off by a minor incident but would later snowball in to widespread altercations similarly, what we are seeing  now, culmination of what was simmering beneath surface for the last twenty years ,might very well set the stage for yet another bout of racially motivated violence, implications of which would be far worse than what we had gone through for the last 30 years..

Read More

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Sri Lankan Buddhist chauvinists provoke violence against Muslims

By Gamini Karunasena and Wasantha Rupasinghe 
9 January 2013

President Mahinda Rajapakse’s government is again giving tacit support to communal provocations against Sri Lanka’s minorities in a bid to divide working people amid the country’s deepening economic and social crisis. This time, Muslims have become the main target of chauvinist groups.

An organisation called Bodu Bala Sena, or the Buddhist Power Force, is in the forefront of organising violence against Muslims in various parts of the country. Like Jathika Hela Urumaya (JHU), a partner in the ruling coalition, Bodu Bala Sena claims that Muslims are a threat to Buddhism. Its declared purpose is to “strengthen and defend the Buddhist religion” and its heritage.

This organisation recently launched a provocation against Muslims at Buwelikada, a small town 15 kilometres from Kandy in the Central Province. The town’s predominantly Muslim population includes small shop owners and vendors.

A group of Sinhala youth travelling in a bus began a quarrel with Muslims, claiming that a van had obstructed the road. Several Muslims injured in the clash were hospitalised. The government immediately deployed units of the notorious police special task force (STF), whose members did not arrest the culprits, but instead were sympathetic toward the thugs.

When WSWS reporters visited the area, the police had allowed Buddhist flags to be forcibly placed atop Muslim houses and businesses. Residents said loudspeakers had also been installed on a Muslim business building, with Buddhist religious preaching continuously disturbing people.

One resident commented: “We have lived in harmony with the Sinhalese. But I can’t understand what is going to happen now.” A disgusted Muslim youth said: “These people have never acted this way. Yesterday we were inconvenienced in our religious activities because of the noise of loudspeakers.”

In an attempt to defuse the situation, Muslim organisations had helped erect a Buddha statue in Buwelikada. But extremist monks continued their communal agitation, accusing Muslims of “plundering” lands belonging to Sinhalese. Anti-Muslim posters had been pasted in the town, before people removed them. Tensions were so high that another attack and clash could take place at any time.

In November, after an unidentified group destroyed a Buddhist place of worship in eastern Ampara, a Bodu Bala Sena leader, Galaboda Aththe Gnanasara, declared that Muslim extremists were seeking to create a separate state in the east. He provided no evidence for his claims, which were calculated to provoke reprisals against Muslims. He claimed that Bodu Bala Sena was an “unofficial police force,” demonstrating the organisation’s readiness to resort to violence, taking the law into its own hands.

On January 2, Gnanasara urged people to boycott goods with a Halal label. His group demanded that the government investigate whether Islamic religious funds amounting to 80 billion rupees were being used to finance “Islamic terrorist groups” in other countries. This charge was also made without any evidence. On January 4, the Islamic Ulema organisation rejected the allegation and asked the national intelligence unit and defence ministry to probe its accounts.

Muslim religious leaders had met Defence Secretary Gotabhaya Rajapakse on December 25 seeking a solution. He “assured” them that the government did not support “incidents of extremism” and promised to look into the situation. Muslim Council chairman M. N. Ameen said it had identified 19 web sites instigating anti-Muslim sentiment.

Despite the efforts of the Muslim leaders to accommodate to the government, Rajapakse’s assurances are worthless. It is clear that the Buddhist group is planning more provocations. It has started demonstrations, led by monks, in various towns across the country to whip up anti-Muslim sentiment.

According Bodu Bala Sena’s web site, one of its aims is to “build Buddhist businesses and investors and defend them.” It is catering to business, big and small, while pitting poor people against each other along ethnic and religious lines.

Gnasara was a leader of the ruling coalition partner, the JHU. Along with another monk, Kirama Vimalajothi, he broke from it to form Bodu Bala Sena, declaring that the JHU was not militant enough to protect Buddhism. His organisation’s provocations seek to recruit disoriented poor and young people as shock troops, as part of a systematic campaign against Muslims.

It is no accident that President Rajapakse and his government are giving a free hand to this organisation and other Buddhist and Sinhala extremist groups. Successive Sri Lankan governments have repeatedly used communal discrimination and provocations to divide the working class along ethnic lines.

Decades of official anti-Tamil discrimination led to the bloody protracted war against the separatist Liberation Tigers of Tamil Eelam (LTTE). Now, nearly four years after the LTTE’s defeat, the government and the military have launched a propaganda campaign aimed at stirring up anti-Tamil sentiment by alleging that the LTTE is reviving.

With the economic situation worsening, the government has again turned to the International Monetary Fund, seeking a loan of $US1 billion. Any such loan will require even more draconian austerity measures than those already being imposed by the government under the terms of the last IMF bailout.

The government is conscious that rising working class unrest, long suppressed with the help of the trade unions, could erupt. Fomenting communalism is part of the government’s preparations for police state repression against the working people.

Workers must reject all forms of nationalism and racism. Only on the basis of a unified political fight for a workers’ and peasants’ government to reorganise society on a socialist basis can the working class defend basic democratic rights and living standards.