27 November, 2020

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BASL Will Not Welcome A New CJ – ‘Give Justice To Our Chief Justice’

By Colombo Telegraph

“The Bar Association of Sri Lanka today unanimously adopted the resolution; President to reconsider the impeachment, in the light of his recent statement on the report -If the parliament proceeds with it, then to enact a procedural law, guaranteeing Rules of Natural Justice – If the CJ is removed without following Rule of Law and Natural justice, then the Bar would not welcome the new appointee” says Lawyers Collective.
According to the Lawyers Collective Update of Today’s meeting of the BASL as follows;

According to the Lawyers Collective Update of Today’s meeting of the BASL as follows;

1. Bar Association of Sri Lanka held general meeting of the Bar with the largest ever attendance. Approximately 3000 lawyers representing all Branches attended the meeting. As expected, the Government had done their work to get down their crowd but it finally was around 250-300 lawyers, mainly who are holding political positions (ex. parliamentarians, Provincial Counselors) and directors of public corporations (government appointees) were there.
2. The President of BASL formulated the resolution based on the two sets of resolutions that have been received. He presented it to the House. In summery the resolutions had three items:
(a) President to reconsider the impeachment, in the light of his recent statement on the report.
(b) If the parliament proceeds with it, then to enact a procedural law, guaranteeing Rules of Natural Justice
(c) If the CJ is removed without following Rule of Law and Natural justice, then the Bar would not welcome the new appointee
3. About 20 lawyers spoke, 18 of whom were in favour of the resolution and among those who supported the resolutions were well known lawyers from the President’s own party. Some felt the resolutions were too mild while others felt it was strong. However, the President was moving towards a unanimity. The message from all the speakers was to have unanimity rather than a division so that the Executive would know how the legal fraternity feel about the impeachment.  Message on the floor was “give justice to our chief justice“.
4. After about 90 minutes of the debate, the Chairman move the resolution and asked whether the House agreed to adopt it unanimously. No member (not even from the Government group)  moved for a division or a secret ballot. Arrangements had been made to have a secret ballot. The House unanimously adopted the resolution (three resolutions as one single resolution).
5.   Thereafter the meeting concluded and the lawyers started moving out. A section of the Government lawyers (known group of lawyers who are holding positions in the government)  then tried to create a scene (obviously for political reasons with a TV coverage to undermine the unanimous decision) but dispersed peacefully.
“In our view, these resolutions are  extremely far reaching  and does not prevent any further actions at a later stage. Had there been a voting, the division would have been about 2700 to 250 (for and against respectively). Undoubtedly, what ever the Government’s propaganda says, the Bar  is unanimously against the Impeachment of CJ.” says the Lawyers Collective.
Related posts;

‘Not Be Misled By False Propaganda Of State Media’ – Lawyers Collective

Don’t Act On The PSC Findings’ – Judicial Service Association Writes To President

‘As A Member Of Commonwealth, Follow Its Values’ Urge Commonwealth Judges, Magistrates And Lawyers

Releasing CJ’s Financial Statements Not Only Unethical But Also Illegal – Wijayadasa Rajapakse

Impeachment: ‘Chief Justice Was Denied Natural Justice – LAWASIA

Boycott The New CJ If Incumbent Impeached

Chief Justice’s Impeachment Hearing Violates Due Process – ICJ

Rajapaksa Determined To Appoint A New Chief Justice And A New Prime Minister In The New Year

BASL Leadership Under Pressure From Both MR Regime And Members

Full Text Of The BASL Resolution On The Impeachment Motion

International Commission Of Jurists Condemns Attack On The Judicial Services Commission

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Latest comments

  • 0
    0

    WELL DONE YOU LOT. YOU HIT THE NAIL ON MAHINDA MAMA’S BRAINS. HE COULD COME DOWN TO REALITY AND GO BACK TO THE MUD HUT IN HAMBANTHOTTA AND SING ” AROHARA GOVINDHA GOVINDHAGE GE BINDHA “

  • 0
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    BASIL is engineering a civil war in BASL!!

  • 0
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    This is a historic decision taken by BASL setting aside their political loyalties for the sake of ensuring justice and fair play in SL. SC made earlier a mistake by ruling that the 18th Amendment need not go through a referendum, possibly it did not understand at that time the danger to which it drove the country.

    But of course now having realised its mistake, it is a very good move that BASL fights for the restoration of the Rule of Law, law and order and independence of judiciary in the country.

  • 0
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    The BAR took the decisive decision , yet we have to go a long way. Struggle should continue. Protest should be conducted. Discussions, workshops and seminars should be conducted. Cases against NDB bank and Broadcasting Hudda should be filed.

  • 0
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    Goliath has finally met David…. the fight has just started and it is going to be painful before David wins!

    The madamulana clan is not going to give up that easy as the pigs are running the country as in animal farm and they have no ethics.

    Sri Lanka needs a system reset!

    • 0
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      The END of Rajapaksa Family’s Bravado. More to come till they are kicked out for good.

      • 0
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        @gamini
        The Rajapaksas’ have got the taste of power, and like sharks who converge at the smell of blood they will not go peacefully. It’s not only the Rajapaksas’ who have a lot to lose, but also their henchmen and sycophants too. The 64 million dollar question will be, what side will the armed forces take if and when a people’s revolution takes place?

  • 0
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    The Lawyers have made a very good decision. They have shown their collective strength. I wish their resolutions were stronger.

  • 0
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    Atleast now there is some hope. Had the entire legal commnuity been united against corruption and the breakdown of rule of law in the hands of these brutes, what a different country we would have today. WELLDONE BASL!

    • 0
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      Shan how can the BASL have one voice when there are Sychophants as Sarath N Silva, Asoka De Silva, Balapatabandi, Moron Peris and a few others waiting to benifit from this Scum Bag MR?

  • 0
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    Why the BAR association is still not taking any steps to question from Ministers and MP’S about how they earn such a big money so quickly. (Marvin Silva, Poor Wimal Weerawansha, & other MP’S)

  • 0
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    As reported in Sunday Leader

    One of the President’s sons had even sent letters to the provincial lawyers asking them to come to Colombo to attend the BASL meeting in support of the government.
    It is learnt that arrangements had been made to provide them with lodging facilities at five star hotels and lunch on the day of the meeting to be provided at a restaurant on D.R. Wijewardena Mawatha.
    Interestingly, the letters and requests sent to the lawyers had not received the response expected by the government.
    Most lawyers have not been enticed by the offer of five star lodging and a meal at a good restaurant.

    We thank the bar for displaying their independence proffesionism and ethics. This bodes well for the future of the country.

  • 0
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    At long last we really see activism in this country which indicates that people have had enough of mucky governance.

  • 0
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    Its very significant decision at this juncture.

  • 0
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    Now that the BASL has set the ball rolling, although President Wijedasa
    R may be a party willy-nilly to all this, the Parliamentary Opposition
    can move to boycott the Legislature unless the rule 2 b & c above are
    implemented. This is an acceptable Democratic move.
    The Sinhala Spring has to be born, now that the Regime is pregnant with
    counter-moves!

    • 0
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      Why ‘Sinhala Only Spring’? Is it not enough the ‘Sinhala Only Act’ created many problems to the country? Cannot you notice that not only Sinhalese, Tamils and Muslims too are against the Impeachment Motion.

  • 0
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    Keeping in with standards expected of educated people the members of the BASL have acted in a responsible manner and have been very flexible in the resolutions they have passed. If the people responsible for the Impeachment Motion too will act in a similar intelligent manner the whole episode could be settled in fairness to the Chief Jusitice and the country would be saved from further embarrassment before the world. Whether wisdon, at least late, or arrogance of power would prevail is to be seen.

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