By Colombo Telegraph –
“The people of the Country (the Sovereign) have an inalienable right that their Chief Justice be given, a fair trial by an independent and impartial tribunal in keeping with the universally accepted rules and norms.We annex herewith for your ready reference, the proposal contained in the draft Constitution of the year 2000 with regard to the procedure for removal of the Judges (Chief Justice).Thus, we request you to defer from taking any further steps until an independent Committee is appointed to inquire in to the matter.” the lawyers for the Chief Justice Dr. Shirani A. Bandaranayake wrote to the Speaker Chamal Rajapaksa.
We publish below the full text of the letter;
Date: 7th December 20 12
Neelakandan & Neelakandan
Your Ref :
Our Ref : KNISRNPN-SC(206)
Hon. Chamal Rajapaksa
The Honourable Speaker
Parliament Secretariat
Sri Jayewardenepura.
Kotte.
Honourable Sir,
We are instructed by our Client, Hon. Dr. Shirani A. Bandaranayake.
As you are no doubt aware, our Client has withdrawn from the proceedings of the Select Committee and the reasons have been given.
We write to request you to defer any further action until an independent and impartial panel is appointed to inquire in to the allegations.
Our Client is absolutely innocent of the allegations and is convinced that she will be exonerated of any wrongdoing by an independent and impartial tribunal.
Our Client re-iterates that the charges are baseless and groundless and can easily be refuted. The issue is of broader and of wider relevance than our Client’s rights and affects the integrity and independence of the judiciary.
Thus in the interests of the judiciary and in the interests of the country and in the interests of our Client, we request that our Client be given the opportunity of vindicating herself before an independent and impartial tribunal.
The people of the Country (the Sovereign) have an inalienable right that their Chief Justice be given, a fair trial by an independent and impartial tribunal in keeping with the universally accepted rules and norms.
We annex herewith for your ready reference, the proposal contained in the draft Constitution of the year 2000 with regard to the procedure for removal of the Judges (Chief Justice).
Thus, we request you to defer from taking any further steps until an independent Committee is appointed to inquire in to the matter.
Yours faithfully
Neelakandan
Read the full communication here
S k. weerasena / December 7, 2012
Speaker will never agree to this He is determined to see that the Cheief Justice is removed by any hook or crook. He pretend to the world that he is a fair and reasonable person. His cowardy and deceitful character came to light recently. Can the justice be expected from such a Fox.
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gamini / December 7, 2012
I find the Majority of the Learned some of whom have been responsible and supporting MR have joined hands in opposing MR’s action against the CJ. If by chance the CJ is removed arbiterarily by MR, there will be a massive surge of force headed by the Sangha rising against MR. This force coupled with the programme, the UNP is to launch by next month, will definitely not augur well for MR. Now the dilema MR is placed with, is to be or not to be. If MR, against the wishes of many proceed to remove the CJ he will face enough opposition to a poimt he will not be able to carry on, even with all the guns and the Forces. If MR stops the Impeachment, dropping it with some excuse even, He will find a hostile Judicairy from now on. So let us see what other options he has, as there is none.
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Leela / December 7, 2012
You live in the UK and watch some tv clips and visualize “… there will be a massive surge of force headed by the Sangha rising against MR.” If only you travel in an office train, visit a funeral, Dana or Bana you will know their thoughts. I do all this and I see most are not interested in this drama. Mark my word; CJ cannot stay.
Leela
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Gamarala / December 7, 2012
Those people (like you) who have Shiite inside their skulls without brain matters cannot understand the gravity of this issue.This is what happened, when uneducated people try to suppress actions of educated people.Rajitha, pachauda wimale and badulle ponnaya have got lorry loads of shiite insides their heads.
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gamini / December 7, 2012
Leelo, only if you speak to the Teachers, Office hands, Labourers, Carpenters, Masons, Farmers and Fishermen, you will realise the hatred the public has towards MR and his policies. Possibly the train traveller you met, the Dhana, the funeral and the Bana preaching you visited must be of the henchmen of the system. Let us not speculate but wait and see what unfolds with the CJ issue whether the CJ will have to go or not? Either way the beginnign of the end has commenced for MR.
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Jamal / December 8, 2012
I wonder Leela if they condone the behavior of the goons as well. Probably they must be regretting why Mervin was not made the Chairman of the PSC? He probably would have had the CJ tied to a tree for the investigation! If he did he would certainly have MR amused. Would you then not feel enthralled?
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sarath perera / December 7, 2012
In my opinion all who contributed in the impeachment should apologize to the C.J. for being indecent in their acts which were done deliberately,
solely to insult and put her in to disgrace.
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Jamal / December 8, 2012
Sarath, how can you expect these indecent people to behave decently? If any of these vulgar clowns have a modicum of decency one could have expected them to walk out with the opposition. People of sordid background, worshipping a sordid leadership, hypocrites of the nth order pretending to serve Buddhism and the country at large, sans virtue, sans knowledge, sans every aspect of decent behavior!
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lament / December 7, 2012
Hands down CJ has won hearts & minds on this one as a desperate propaganda machine loses track,becomes shrill each passing day
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ranbanda / December 8, 2012
Who said that?I know her from the time of Colombo Campus.Her husband bought shares of The Finance company which was a bankrupted company using public money.The shares he bought for the government bank as the president of that bank was not worth anything and he got [Edited out].He resigned after it surfaced and how come CJ bought a house from a company which was having a judicial procedure under her?.It is purely corruption.Lets forget about corrupted politicians as they are all the same.But how can a judge be corrupted?A judge is a judge.She should not run away from hearings too.If she were innocent then she has to stay and show it like Choksy said.Choksy is the chief lawyer who wrote J R Jayawardene’s constitution and knows about Sri Lankan law than you and me.
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justice / December 7, 2012
The speaker,an ex-policeman with basic education cannot understand that he is doing wrong by denying basic procedures which apply in a court of law in this impeachment “trial”.
The government members of the PSC have cast personal insulting remarks at the Chief Justice,and thus have lost credibility and impartiality.
A new “tribunal” should be appointed,and sufficient time given for the CJ and her lawyers to study the documents given.
The CJ should not appear before this PSC again – from which,four members have withdrawn themselves.
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Supun / December 7, 2012
i dont care much about Shirani Banadaranayake BUT, I do respect the Office she holds. In this instance I believe she is being wronged. The character of most if not all UPFA members on PSC is questionable.
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Chintha de Silva / December 7, 2012
The Jokers of the corrupt, lawless Banana Republic has proved to the entire democratic World that only Jungle Law rules the Country and the citizens have no rights at all. They have also proved beyond any doubt that they not only protect the murderers, criminals, rapists, drug dealers and terrorists who share their wealth, but also treat them above the law. The Banana Republic is controlled by a family of Dictators, under these circumstances can any one expect fair play? God save former democratic Sri Lanka.
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C.Kulendran / December 7, 2012
I am aghast at the insinuation by some quarters that the courageous Dr.Shirani Bandarayake is somehow guilty of accepting the blessings and the support from the clergy and other well wishers. But if Sri Lanka is a free country then it is not wrong to accept the blessings and the support as long as she has not appointed or invited those who are offering the blessings and the support to do so. She is innocent until proven guilty.
May Lord Buddha bless her and her family.
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Charles Perera / December 7, 2012
This is going against the constitution and Democratic Parliamentary procedures. The Judiciary is independent , and so is the Legislature. The Judiciary cannot dictate terms to the Legislature.
The appointed PSC is constitutional even if some members of it has left it ( shamefully for the UNP and JVP and TNA)The remaining members can take a decision and send it to the Parliament through the Speaker. If the decision is passed with a majority of MPs present the decision is carried and the CJ has to step down.
That decision will then not be unconstitutional.
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gamini / December 8, 2012
Erudite Scholar Charles Perera, What happens when members of the PSC from the govt. behaves like Rowdies and slander the CJ during sittings? When the Opposition members raise the matter to the chair, the Chair is silent. Another ‘Ponnaya’ he is. You see the Opposition leaving the chamber as Shameful, but not the act of the govt members who insulted the CJ? What a bloody MORON are you? Why don’t you keep your two cents worth to yourself, as no one asked for your warped opinion.
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Safa / December 8, 2012
The constitutionality of PSC is something the courts will decide. The procedures being followed are definitely not constitutional, legal or justifiable in common terms. The legislature cannot dictate terms to the judiciary or change civilised norms of behaviour either. By their uncouth behaviour they have reduced parliment to the level of a street market.
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jayasingha / December 7, 2012
CJ has to face the PSC and clear herself without hiding behind excuses. People will know what faults she has done only if she is to be removed from the post.Otherwise she can continue and Govt and parliament/people will have to face the music.
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rodni / December 8, 2012
madam, no use of righting legal matters to this “Kosthapal”
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Lionsgate / December 8, 2012
MR Regime must go.It should start from kelaniya.The drug king of the kelaniya ,who make his own rules run the kelaniya with the help of thugs behind the govement pro demonstration against the CJ.
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Moon / December 8, 2012
Dr Shirany Bandaranayaka , is still the C.J of SriLanka. The insult on her is an insult on the people of Sri- Lanka, as people are the sovereign of this country this is an insult on the sovereign and the entire judiciary has been ridiculed.. These uneducated fools exhibited who they are and what their intentions are.It is shame on all the MPs.
How can one expect justice from these monkeys.After all The Chief Justice is the chief of the Judiciary. If this is the treatment to the head of judiciary, what about the ordinary people of this country.
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Moon / December 8, 2012
Dr Shirany Bandaranayaka , is still the C.J of SriLanka. The insult on her is an insult on the people of Sri- Lanka, as people are the sovereign of this country this is an insult on the sovereign and the entire judiciary has been ridiculed.. These uneducated fools exhibited who they are and what their intentions are.It is shame on all the MPs.
How can one expect justice from these torch bearers.After all The Chief Justice is the chief of the Judiciary. If this is the treatment to the head of judiciary, what about the ordinary people of this country.
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remy / December 8, 2012
The most venerable monks of Sri Lanka are corrupted and not like poor monks from villages.Why did all these chief monks appointed a man like (monk) Migettuwaththe Sumiththa as the chief of Siam Nikaya in Galle district? Why do they try to protect Shirani even before the inquery?Let the inquery goes first and then people can see whether she can disprove the charges.
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Safa / December 8, 2012
You seem to be vying for the post of Mahanayake of the Medamulane Nikaya.
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HAM / December 9, 2012
If the CJ is indeed innocent as she says, why did she not defend herself on paper when given the chance, and then now walk out because of a few stupid MPs? The three charges that were settled on, are easy enough to prove or disprove. It seems clear she is indeed of the 3 mentioned in the trials, it is simply a matter of public record that these things occurred.
A lot of crazy behavior on all sides, but does that really negate the charges used for impeachment?
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sarath abeysinghe / December 11, 2012
I have no confidence in the judiciary at all because of one incident. Some 15 years ago I was driving to my work when a three wheeler rammed in to my car causing an enormous damage. I explained to the magistrate that this three wheeler came on the wrong side and rammed in to my car but the magistrate fined me with 1000/-. From that day on wards I don’t care the traffic police and the judges. BUT IN THE PRESENT CASE OF CJ THE GOVERNMENT IS DOING THE MAGISTRATE’S ROLE AS IN MY CASE. WHERE CAN AN INNOCENT MAN GO FOR THE JUSTICE. IT IS ALWAYS BETTER TO HAVE SOME KIND OF GOOD WEAPON IN YOUR HAND TO LIVE IN THIS THIRD CLASS COUNTRY.
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