By Colombo Telegraph –
“The PSC failed to meet this basic requirement at any of its sitting. Today at about 4pm, the PSC handed over a bundle of documents consisting of approximately 1000 pages and required the chief justice to respond by 1.30 pm tomorrow, i.e. in less than 24 hours. It was obvious that a majority of the members of the PSC had no real intention to give the chief justice a fair hearing” says the Lawyers Collective Sri Lanka.
“The CJ reiterates that she is willing continue to face any impartial and lawful tribunal as is done in other commonwealth countries as was proposed in the draft constitution of August 2000 in order to vindicate herself and she will continue in her efforts to safeguard the independence of the judiciary, which is a heritage of the people of Sri Lanka, who alone are the sovereign of this country” Issuing a statement the Lawyers Collective further says.
We publish below the full text of the statement;
Today the Chief Justice of Sri Lanka Dr. Shirani Bandaranayake walked out of the Parliamentary Select Committee ( PSC)in protest in the face of hostile and biased conduct of the government members of the PSC so as to ensure the dignity of the judiciary of Sri Lanka. The Chief Justice reiterates that she is innocent of the false charges made against her and is always willing to face any impartial tribunal in order to vindicate herself. The following are the events which led to the decision of the Chief Justice to walk out of the PSC. The PSC was requested as far back as November 20th to furnish the information required to reply the allegations. This information was never provided. When the PSC commenced sitting on 23rd November 2012 learned Counsel for the Chief Justice requested that a list of witnesses and a list of documents relied upon in support of the allegations be made available. It is common knowledge that even in a disciplinary inquiry in the public service or a trivial criminal case that a respondent or accused is furnished with a list of witnesses and documents so that they could prepare for the defence. The PSC failed to meet this basic requirement at any of its sitting. Today at about 4pm, the PSC handed over a bundle of documents consisting of approximately 1000 pages and required the chief justice to respond by 1.30 pm tomorrow, i.e. in less than 24 hours. It was obvious that a majority of the members of the PSC had no real intention to give the chief justice a fair hearing.
In addition to the above, at various stages of the proceedings of the PSC, two members hurled abuse at the Chief Justice (such as Mad Woman) and her lawyers and it became evident that these members had been mandated to ridicule the head of the judiciary and the legal profession. The Opposition MPs requested the Chairman to prevent such remarks and to conduct the inquiry with dignity was ignored.
The Select Committee was requested numerous times to formulate the procedure that it intended to follow. There was no response to this request until today. Today when this request was repeated, the Chairman of the PSC stated that no oral evidence would be led to establish the allegations and, consequently no opportunity would be given to cross examine such witnesses making the allegations. Instead it became evident today that the Chief Justice was expected to refute allegations that had not even been supported by evidence. Such an irregular and unlawful procedure would undermine every single independent judge in Sri Lanka. In almost all instances the same members of the PSC, who were in majority, overruled the submissions made on behalf of the Chief Justice without cogent reasons and often without any prior consultation with the other members. It is for the above reasons that the Chief Justice requested to waive the secrecy provisions and sought an open and public inquiry and requested for independent observers to watch the proceedings, but this request was also refused by a majority of the PSC.
In the face of the above no right thinking person could any longer continue to accept the legitimacy of a body steeped in partiality and hostility towards the head of the judiciary and in this background the chief justice and her counsel had no alternative but to withdraw from participating in the select committee.
The CJ reiterates that she is willing continue to face any impartial and lawful tribunal as is done in other commonwealth countries as was proposed in the draft constitution of August 2000 in order to vindicate herself and she will continue in her efforts to safeguard the independence of the judiciary, which is a heritage of the people of Sri Lanka, who alone are the sovereign of this country
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Raigamrala / December 6, 2012
The Rule of Law in this country is the “Interest of the King (MR)” and the uneducated team in the committee is carrying out same. Hoping a justice from them is like trying to extract feathers from the Tortoise. CJ would not have other option but to walk away with the vilification of these uneducated and corrupt crooks. Whether she attend or not they will deliver the pre-written verdict.
The best thing the opposition MPs in the committee could do is to walk away without adding any legality to the committee.
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Senaka / December 7, 2012
Citizens of Lanka will sink the Kangaroo Court of the Rajapass Brothers in the Diyawanna Oya and chase out the Rajapassa family!
We will then close down the parliament of knaves, thugs, criminals, thieves and fools and dead leftist Geriatrics that are at the beck and call of the most uneducated, greedy and abominable executive in Lanka history!
Long live Shiranee Banadaranayane and the Judiciary of Sri Lanka!
Time for Rajapassa and his family of rotten and uneducated leeches to get out!
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Dinuk / December 7, 2012
The Commonwealth organization is an obsolete and irrelevant British colonial invention that is morally, intellectually and politically bankrupt and the last bastion of third world dictators like Rajapassa and the slimy creep Ranil Wickramasinghe! The Brits use it to feel good about their imperial past while mocking the third world dictators who use it to feel important! So no reason for the CJ to rush to a panel of Commonwealth jokers who want to have their head of State meeting in Banana republic and boost Rajapassa dictatroship – the new Gaddhafi!
What a crowing irony that slimy and shameless Ranil Wickramaisnhge who has made himeself dictator of the UNP for 6 years, has come up with the brilliant idea of having 3 Commonwealth judges handle the impeachment of the CJ. Ranil Wickramainshe takes the cake for idiocy!
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Raigamrala / December 6, 2012
In a country the CJ is denied justice talking about others is useless.
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douglas / December 6, 2012
I invite you to listen to: “Dasa Desin” programme of SLBC Chairman Mr. Hudson Samarasinghe today at 7.00 in the morning. You are sure to listen to an earfull of “drum beatings” for an on behalf of the PSC and the condemnation of the CJ.
Please listen first and comments can be made later. He will have a “Supreme Court Session” at SLBC and also deliver the “Guilty Verdict” with the punishment.
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PresiDunce Bean / December 7, 2012
@douglas
I too listen to Hudson’s vitriolic harangues each morning until it gets unbearable and then I switch channels. He is a pathetic individual. The state media today has become judge, jury and executioner. Sadly a vast number of Sinhalese are only exposed to the state media because it has island wide coverage.
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PresiDunce Bean / December 7, 2012
The point that Hudson very successfully makes each day is that anyone who goes against the government is actually going against the country. Many of our blind patriots swallow this argument hook, line and sinker. As long as there are millions of people who subscribe to this line of thinking there is going to be no hope for this country.
A famous line of Hudson is, “Ratath ekka football gahanna denna baa.” (nobody can be allowed to play football with the country).
O tempora, o mores! Oh, the times! Oh, the morals!
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Safa / December 7, 2012
Lets see the next move of the Govt. They cannot sentence her without completeing the inquiry. Now that they abused and chased her away they will have to sentence her without considering a defence. Their entire process is flawed and can be appealed in any court here or abroad.
It would be better if an independent trial is held abroad so that our speaker and mp’s will be called to give evidence.
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Vishvamithra / December 7, 2012
The direction given to the ‘team’ seems to be to working; to make her annoyed and force to leave from the inquiry proceedings. And then to hold the so-called inquiry against her ex-parte (with only one side showing evidence) finding her guilty for whatever the charges read out to her and then pass the judgment as they pleased, finding the CJ guilty.
The better common sense approach, as leaned people think, should have been to hold-on to whatever the deliberate unwarranted remarks made against her and then to make the four members representing the opposition to walk-off, on the basis that no fair trial was afforded to the Lady Justice, making it difficult to give effect to the hatched plan against her and to install some subservient person as the CJ. Good luck Sri Lanka.
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Desapriya / December 7, 2012
Not surprised of the behavior of PSC members as the majority of them are rowdies and clowns who are not suitable for sitting even in a kitchen cabinet. If the President is sitting
in the PSC we can expect the same behavior from him too.
This is the type of the Ministers, MPs of the government of Srilanka. And the people too are unintelligent to vote this type of rowdies and IRCs to the Parliament and other driving seats. What a saga
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laksiri / December 7, 2012
these attorneys specially Remesh Silva is shed and they do not understand the law.if you give time even one year they are going to ask more time as usual.reason was they do not have reply for corruption illegal and many crime she committed.so now they are playing the role that just walk away from crime and blame to president.just accepted no reply .remesh will do every dirty thinks to make this happen.let this lady to go home and give opportunities to have fair trail in majestic court for fraud and crime she committed.
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Kautilya / December 7, 2012
MR has to depend on,polygamist Hudson,Redlight Rajpal,PRA famed Thadi Priyantha, Balcony Jumper Rambukwella and [Edited out] Mahidapala to save his Satakaya.
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Kautilya / December 7, 2012
MR has to depend on,polygamist Hudson,Redlight Rajpal,PRA famed Thadi Priyantha, Balcony Jumper Rambukwella and pedophile Mahindapala to save his Satakaya.
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Diyawanna Sarath / December 7, 2012
She can clear herself of charges against her. But how is she going to tackle her husbands corruption charges? She has to prove that as CJ of the country, she is whiter than lily. And that I think is too much of a task for her now in the public eye. Maybe another reason why she stuck to her Bandanayakka name was because she knew all along that her husbands name was a liability and her ploy would lessen the damage to her integrity if her husnbands frauds were to be discovered at a later stage. A burst condom already.
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D.S.Wijesooriya / December 7, 2012
Yesterday during delivering his speech at Welipanna told “Any executive does wrong doing should be punish”. Mr. President if this comments is realistic you will be in real trouble because as all country men know majority of you parliament members & cabinet members having one another issue of corruption or bribery. In this the statement is seems to be a crab’s advice.
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Kumar / December 7, 2012
Whether CJ is right or wrong she must be given a fair trial to prove her innocence. The polical bumsuckers can blow their trumphets from anywhere including the parliament which is becoming a place of disrecspect. Except the selfish followers, majority of the educated in the country know where the country is talken to by strenghthening dicatatorship by the royal family.
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BunkerRat / December 7, 2012
I wish I could also walk out of the court… musing “I have no faith in this court”.
Stupid but dangerous precedent set by the CJ. If she could walk out like that, why cannot the common man and the criminals?
Tamil Terrorist Diaspora is licking their lips… looking to exploit this.
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Wuliangguobinjiu / December 7, 2012
What we call “National Socialism” is the poisonous perversion of ideas which have a long history in German intellectual life. – Thomas Mann ;)
Hit & Run; Hitler;Rporkistan Sri Lankans check your own premises. Soon,
SriLanka Debarred from “Commonwealth of Nations” until further notice?
The funny men in white are pseudo Aryan Sri Lankans. :)
WAR is a perversion of SEX.
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RALAHAMY / December 7, 2012
THE COLUMN BREAKING NEWS OF THE DAILY MIRROR SAID THAT MAHA RAJANO HAD SAID THAT HE DOES NOT TAKE REVENGE AND THAT ALL ARE EQUAL BEFORW THE LAW.
IS HE INSANE OR IS HE TALKING FROM ANOTHER PART OF HIS ANATOMY
DOES HE THINK THAT THE COUNTRY WHO VOTED HIM INTO OFFICE NOW BELIEVE HIM
THERE IS A SAYING THAT GODS WHOM THEY WANT TO DESTROY FIRST SEND THEM MAD.WE WILL SEE ALL THAT SOON
COME AND SEE THE SAND BAGS FOR THE RACES FOR THE SONS WHEN MILLIONS OF CHILDREN GO TO SLEEP ON AN EMPTY STOMACH.SEE EDITORIAL IN THE ISLAND TODAY.
THE CJ IS THE HEAD OF THE JUDICIARY AND THAT OFFICE MUST BE RESPECTED.
IF SHE HAS DONE WRONG TAKE ACTION DONT SPARE HER LIKE MERVIN SILVA WHO IS ABOVE THE LAW.PEOPLE CLOSE TO HIM SAYS THAT THERE IS A CLOSE SECRET WHICH HIS WIFE IS NOT TO KNOW
IF ALL DO NOT STAND TOGETHER DOCTORS ENGINEERS CIVIL SOCIETY AS A WHOLE BE READY TO BE UNDER THE JACKBOOT OF HOOLIGANS LIKE DILAN WEERWANASA ALUTGAMAGE JOHNSTON AND SO ON.
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ASIF / December 7, 2012
The rule of Law has gone to dogs.All the drug peddlars,thugs and underworld characters aligned to government is ruling the Country.
How can an idiot ministers call a learned professional as a ‘Mad women’.
Shame on you.
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Lanka Muslim, UK / December 7, 2012
It is wisdom for ‘Intelligence’ to keep itself away without submitting to ‘Idiocy’ which is also ‘Arrogant’. The day is not far when it will dawn that the ‘Court of the People’ will deliver justice to punish the ‘Idiocy’ and safeguard ‘Intelligence’. Idiotic politics in the country is moving fast towards its end when intelligent politics will reign.
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Patta Pal / December 7, 2012
“I am willing to face any impartial and lawful Tribunal”
After all only the CJ understands the words, and any lawyers in the PSC are a disgrace to their profession, as they heed the advice of their master and not what they have taken an Oath to protect.
So who is guilty of misconduct, the PSC of course, but they are not on trial here. So now it is the CJs turn to question the independence of the PSC as it clearly does not conform to any principles of Independence or the Latimer House rules recommended for the Commonwealth Countries unless we have opted out of the Commonwealth before the CHOGM is boycotted by many in it!
Either way the Kangaroos in the court behaved as such and therefore got their just deserts. I personally believe in the Supremacy of the Parliament, but when you have twit sycophants who shame the independence they are expected to uphold, can you expect any different from a learned Judge used to a little more balance, though I am in no way attempting to clear her of complicity with the Govt in the past.
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shaan fernando / December 7, 2012
CJ may lose this battle under this king Kakilley’s regiment if the Society didn’t support her but it will be the beginning of the end. Whey who lookfor the corruption of $250,000 does not declare their assets?(MPs) Have any parliamentarian done this with accuracy? If we are to survive as a society in the absence of an aggressive opposition Courageous characters like the CJ must be whole heartedly supported by all responsible citizens keeping aside their political differences. This government close the mouth of journalist by killing/ repelling or bribing them (Lasantha, Fedrica, and many others) They neutralized force to reckon with faulty framing them ( General Forsake, Mangala Samarawickrama) They bulldoze their way over the public in whatever way they like and no action by government but the pubic have no option but to keep numb for all injustice taking place. ( Mervin Silva’s action) They brought opposition MP for money to manipulate the constitution in their favour and yet they called that the Parliament is supreme ( Sri Lanka a society divided on party lines and attacks each other sometime killing supports to elect their MP to parliament. When the MP is in parliament, he moves from Opposition to Government for perks. This is a day light betrayal at the mandate of the people the MP represents and yet they call parliament supreme.)
Therefore if CJs attempt it failed, there is no other option but to support the war crime charges by the international community against this family rule to bring down this undemocratic government to justice. This would an ugly picture to Sri Lanka therefore to avoid that we have support the CJ and prevent her been impeach in order to establish proper checks and balances.
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Chandra / December 7, 2012
Wimal weerawansa has not passed any examinations. Dilan Perera is the man who forges Dimu jayaratne,s signature to obtain a foreign scholarship. These are the learned judges we have. Debacle of Asia
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Chandra Silva / December 7, 2012
What other proof required showing that the former democratic Sri Lanka is now a corrupt, lawless Banana Republic with Jungle Law? This Republic is surely but slowly proceeding towards a family Dictatorship. The citizens have no rights at all in this Republic. It is about time the Nation stand up against the injustice and rediscovers our lost democratic Sri Lanka.
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Lester / December 7, 2012
It is common knowledge that even in a disciplinary inquiry in the public service or a trivial criminal case that a respondent or accused is furnished with a list of witnesses and documents so that they could prepare for the defence. The PSC failed to meet this basic requirement at any of its sitting.
Really, this is karma. How many Tamils were arrested under the PTA and ER, detained indefinitely, and tortured? How many were forced to sign false confessions, in a language they did not understand, without access to lawyers. Now the Supreme Court – that should have protected the rights of these people – is getting a taste of its own medicine, at the highest level. The Chief Justice, Shirani Bandaranayake , was one of those who paid no heed to the injustices heaped upon the Tamils by both the current incumbent and his predecessor, CBK. Let her wallow in her own tribulation, for the latter is of her own doing!
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