20 August, 2017

Follow The SC Recommendation Urges Lawyers

By Colombo Telegraph

“In a democracy, public expect all the institutions including the parliamentarians to respect the recommendations and orders of the highest Court of the country.  Unless the public, lawyers and judges come forward to the protect the judiciary, our future generations will be left with a lawless state.  We call upon the Parliament and the Executive to display maturity when dealing with the impeachment, and not to proceed with the impeachment until the Supreme Court exercise its constitutional duty in the relevant interpretation.” says Lawyers for Democracy.

Lal Wijenayaka

“There is no legitimate basis to expedite this inquiry ignoring the Supreme Court recommendation. The manner in which the inquiry is being conducted has converted the inquiry against the Chief Justice into a trial on the parliament itself.” issuing a statement its convener Lal Wijenayaka further says.

We below reproduce the statement in Full;

The Supreme Court (SC)  is now possessed with several cases where the Court is constitutionally bound to interpret the constitution and to determine the constitutionality of the Standing Order 78A, that deals with the impeachment procedure. The Supreme Court has made a recommendation that the Select Committee of Parliament (PSC) should not proceed with the impeachment inquiry until the SC examines the validity of the questionable  Standing Order on which the impeachment inquiry is being based.

We view the Recommendation given by the Supreme Court as a great opportunity for all parties to restore mutual respect and rule of law and to avert a constitutional crisis in the country.  We are dismayed that the PSC has, by majority, rejected the recommendation of the Supreme Court  and to proceed with the inquiry, with scant disregard to the constitutional traditions.

There is no legitimate basis to expedite this inquiry ignoring the Supreme Court recommendation. The manner in which the inquiry is being conducted has converted the inquiry against the Chief Justice into a trial on the parliament itself.

In the mean time the Chief Justice and the judiciary are subjected to all possible humiliation  to an unprecedented level. We note with regret the level of media attacks in State media and the circulation of mudslinging booklets/posters obviously, instigated by the Government, to discredit the Chief Justice and the judiciary.

In a democracy, public expect all the institutions including the parliamentarians to respect the recommendations and orders of the highest Court of the country.  Unless the public, lawyers and judges come forward to the protect the judiciary, our future generations will be left with a lawless state.  We call upon the Parliament and the Executive to display maturity when dealing with the impeachment, and not to proceed with the impeachment until the Supreme Court exercise its constitutional duty in the relevant interpretation.

Singed On behalf of Lawyers for Democracy

Lal Wijenayaka, Chandrapala Kumarage, E. Viwekanandan , K.S. Ratnavale, J.C. Weliamuna, Sudath Netthisinghe ,Sudarshana Gunawardana, Lakshan Dias , Sunil Jayaratne, Harin Gomas, S.G. Punchihewa

*Lawyers for Democracy (LfD) is a representative body of legal practitioners throughout the island. Conveners include Lal Wijenayaka, Chandrapala Kumarage, E. Viwekanandan , K.S. Ratnavale, J.C. Weliamuna, Sudath Netthisinghe ,Sudarshana Gunawardana, Lakshan Dias , Sunil Jayaratne, Harin Gomas, S.G. Punchihewa.

Related posts;

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

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

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Latest comments

  • 0
    0

    At the higher echelons of Govt we expect exemplary behaviour and cordial relationship with each other and other institutions. Instead we are treated to thuggish and uncouth behaviour and manners.

    People like Kopage Mervyn and Wimal W take center stage to sling mud at all and sundry. We observe the spineless behaviour of learned Proffessors like GLP and murderous criminals like Duminda etc. We see the waste and corruption, the squandering of public money by these so called servants of the people.

    Perhaps it is too much to expect from this place called parliment and the legislature where previously people looked up to as an example and for leadership. It has degenerated into a house of ill fame where people sell their principles and forget their beginings.

    • 0
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      The Sri Lanka parliament is full of UNEDUCATED goons, thieves, fools, geriatrics and has absolutely NO MORAL AUTHORITY or LEGITIMACY.

      Elections have become a joke in that country and the lack of voter education means that goons and thugs who support the barbaric Rajapakse regime due to their hand outs of looted public funds end up in the parliament which is is singular joke.
      The opposition led by Ranil Wickramaishnge is equally bad and the fact is that Sri Lanka’s parliament, political culture and governance process is CORRUPT AND ROTTEN TO THE CORE and GUTTERED BY AN ABOMINABLE EXECUTIVE PRESIDENT AND HIS SICK AND RAPACIOUS SIBLINGS..
      IN the context the judiciary MUST assert itself and become a bulwark against the country’s sick political culture

      • 0
        0

        Quite right! Sri Lanka today only has a FACADE OF DEMOCRACY but it is really a military dictatorship of a farcical kind..
        Kangaroo courts, uneducated thugs in parliament and an executive who is the worst scum of the earth!

  • 0
    0

    Leave aside impeachment. The Government and the Executive are not capable in dealing with any matter except the fulfillment of their greed for power and amassing of wealth.
    However, this will not be for too long. ‘It does not pay to cheat or rob’.

  • 0
    0

    Ex President Chandrika Bandaranaike should intervene to stop SLFP members from impeaching CJ.

  • 0
    0

    The decision of the PSC to carry on with the impeachment process ignoring the advise of the SC clearly breaches constitutional traditions and lends support to the view that the impeachment is more for political reasons than otherwise.
    When a majority of members in parliament broadly homogeneous in nature decide to ignore the advise of the country’s SC in regard to the procedures to be followed in accordance of the statues which lay them,then the question how far that judges can go to exercise their own wide powers to control governmental activity becomes another crucial political question.

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