By Basil Fernando –
Basil Fernando
Even the worst of criminals have a right to a fair trial before an independent judiciary. A judge in an impeachment proceeding in Sri Lanka does not have that right. Article 107 of the Constitution and the standing orders as they stand now preclude that right.
Is the quality of citizenship of a judge of an inferior quality than that of others?
This brings us to Article 12(1) of the constitution, which guarantees equality before law to everyone. However, in impeachment proceedings judges do not have that equality.
What, then, is the quality of the citizenship of a judge?
There is a tragi-comic absurdity here and a fundamental illegality.
Within a framework of such an absurdity and illegality, can the PSC make a legally valid decision?
If a PSC tries a case of murder, will that be valid? Of course not. Whosoever it is, if ever subject to such treatment, has a right to resist participating in such a proceeding.
Would it be a violation of parliamentary privileges if such a person on such an occasion resisted participating in such a proceeding? That cannot be so as the legality of the proceeding must first be established before proceedings are to be legal.
But, it appears that, regarding judges, such legality need not exist. If the PSC calls them they should comply.
The illegality of these proceedings have already been declared by international law experts and authorities.
What is it then that is taking place before our own eyes?
Is any kind of perversity permitted against the judges?
Safa / November 17, 2012
The CJ is now being treated like a criminal by the legislature. One of the charges is for delivering an order to the SG of Parliment and not the Speaker.
She is summoned before a court composed of people of which at least two were members of the JVP hierarchy and complicit in murders carried out during the insurrection. Another had a case against a close kith and kin before the SC decided against her.
Meantime the State controlled media have done their level best to tarnish her reputation and condemn her even before trial. It is a sad day for the country and all decent people.
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Ainsley Abeywickreme / November 17, 2012
Great article Mr Basil. A man who calls a spade a spade.
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Wuliangguobinjiu / November 17, 2012
“Then if the PSC finds that the CJ failed to provide evidence that would satisfy any fair and full investigation.
Although this alone would not prove wrongdoing, it factors into the committee’s conclusions,”
Wow, are we asking the CJ to prove her innocence here?
Is our judicial system switching to “guilty until proven innocent”?!! Too funny rajaporkistan!!
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Kabi / November 17, 2012
Judiciary in Sri Lanka is learning its lessons in a harder way. The judiciary undermined the people of Sri Lanka by allowing 18th Amendment to the constitution.
The Judiciary allowed a non urgent bill as an urgent bill at first, prohibiting proper consultation of the amendments. The removal of two term limit and repealing 17th amendment requires a referendum. But Judiciary decided a referendum is not required. Thus it is betrayal of Judiciary to the people of Sri Lanka. Judiciary increased the power of Executive by doing all these. Now they are at receiving end! Now they want support of the people to safeguard them but when people wanted them they were not there!
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Chandra / November 17, 2012
@Kabi. I agree. They are reaping what they sowed..
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Mano / November 18, 2012
I have no regrets. Man reapeth what one soweth. When yes men filleth the highest echelons of services what else can befall.
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