19 October, 2017

Chief Justice Has To Respond 1000 Pages By 1.30pm Tomorrow: ‘I’m Willing To Face Any Impartial And Lawful Tribunal’ – CJ

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

Related posts;

Government PSC Members Insulted CJ And She Walked Out

Short-Circuiting The Impeachment Process Under Consideration

Breaking News: CJ Replies The Rupees 250 Million Bank Transaction Allegation – ‘False, Malicious And Deeply Disturbed’ – CJ

Breaking News: Here Is the Full Charge-Sheet Against Chief Justice

Breaking News: Chief Justice Replies The Most Serious Four Charges On Her Finances And Bank Accounts

PSC Rejects The Request Of The SC, Vote Was Taken, Chief Justice Refused To Go Without Lawyers

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

Speaker Chamal Rajapaksa’s Ruling; Legislature Will Not Bow To The Dictates Of External Bodies

Full Text Of The Supreme Court Request To The Parliamentary Select Committee

Ball In Select Committee Court: Judiciary Requests Select Committee Not To Proceed

Breaking News: Full Text Of The Interim Reply Given By The Chief Justice

CJ’s Response In Full: Select Committee Has No Jurisdiction To Hear And Determine The Impeachment

Former CJ Asoka de Silva Himself Purchased A House From Ceylinco Having Been On The Bench – CJ

Full Text: Dr Jayampathy Wickramaratne’s Petition Against The Impeachment Of The CJ

Full Text: Chandra Jayaratne’s Petition Against The Impeachment Of The CJ

Direct The CJ To Refrain From Taking Any Further Part In This Unlawful Trial: Full Text Of Elmore’s Petition

Two MPs Who Signed The Motion Want To Observe The Proceedings, CJ Wants Proceedings To Be Open To Public

CJ Asked For An Open Public Trial – Refused, Asked For Observers – Refused

Pictures: Sharing Benefit Of The Protest Against Chief Justice

Hulftsdorp Today: GSL Transported Hundreds Of Thugs, Chief Justice Followed A Different Route

Mahanayaka’s Kind Request: Withdraw The Impeachment Motion Against CJ

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Latest comments

  • 0
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    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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      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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      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!

  • 0
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    In a country the CJ is denied justice talking about others is useless.

  • 0
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    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.

    • 0
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      @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.

  • 0
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    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!

  • 0
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    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.

  • 0
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    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.

  • 0
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    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

  • 0
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    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.

  • 0
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    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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    MR has to depend on,polygamist Hudson,Redlight Rajpal,PRA famed Thadi Priyantha, Balcony Jumper Rambukwella and pedophile Mahindapala to save his Satakaya.

  • 0
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    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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    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.

  • 0
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    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.

  • 0
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    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.

  • 0
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    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.

  • 0
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    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.

  • 0
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    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.

  • 0
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    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.

  • 0
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    “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.

  • 0
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    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.

  • 0
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    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

  • 0
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    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.

  • 0
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    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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