17 October, 2021

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Full Text Of The BASL Resolution On The Impeachment Motion

By Colombo Telegraph –

Bar Association Sri Lanka  had unanimously passed eight resolutions on the impeachment motion against the Chief Justice today in Colombo. They show grave concern over the impeachment and urged fair play.

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    Public want know Corrupation charges against how, CJ’s will going to ACT and answer?
    Why BASL is asking to withdraw.Is unfair of play of Justice by BASL to the PUBLIC or CITIZENS of our Land?
    Citizens of ever nook and corner island, having every right know FUNDAMENTAL RIGHT and HAVING FREEDOM know real corrupation charges aginst CJ’s.
    The very reason is CJ’S salaries has been paid by TAX PAYERS PUBLIC FUNDS! Do not suppressed RIGHT OF CITIZENS AND UNDERMINE PUBLICE VOICE by BASL SO-CALLED RESOLUATION OF IMPERCHMENT MOTION.

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      Sirisena,

      Where did you learn your English?

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    Govt should heed the voice of the people and refrain from this type of vindictive actions. What was done to General Fonseka cannot be repeated on the CJ.

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    A very Fair and a Just Resolution by the B A S L .

    There is no doubt that the discerning public will endorse it .

    It is an extremely unfortunate situation , which should have never

    occurred . Since it had , let saner counsel prevail ,even at this late

    stage . Better late , than never !!!

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    The comment by Sirisena Yatawara is absurd. The public must understand this is a plot to crush the judiciary in Sri Lanka by making baseless allegations. The Chief Justice has already clarified her position.

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    There is no longer fair play and justice under this Regime.Cries for justice emanting from the Prelates of Malwatte and Asgiriya Chapter or from that of the Bishop’s conference or the entire clergy and right thinking people in this country cannot stop a very vindictive head of Govt see sense. This behavior is similar to that of a rabid dog.

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    All indications are that the oppressive juggernaut will roll on crushing all democratic institutions on its path. Let people from all walks of life ostracize the the regime leaders and those who authored the 18th Amendment and voted for it in particular with a display of utter contempt! Let the BASL too demonstrate their displeasure in no uncertain terms to the leaders of the regime if the latter failed to heed their reasonable request!

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    can anyone translate what he is trying to say…..

    Mr. sirisena

    I believe you are trying to, inter-alia, condem the actions of the BASL. might I suggest you improve on communication skills before criticizing the actions of the Bar and also ask someone or read about the importance of judicial independence and the doctrine of seperation of powers.

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    The concern people we really want KNOW a PARLIMANT HEARING OF CORRUPATION CHARGES AGAINST CJ’s PROPOSED ALLIGATION BY MEMBERS OF LEGISLATOR.
    EVEN CHIEF JUCTICE IS NOT LEGISLATOR.IT IS NOT HER BUSNIESS–IN FORM AT ANY RATE —TO MAKE RULE OF LAW; HER DUTY IS TO DECIDED THE DISPUTE BETWEEN THE PARTIES.
    Yes there is guide line for CJ’s alligation if we have to sum up, as we must recognize two entiraly differant kind of facts,which indeed EXIST not only in juridical thoery,but in ACTUAL techinial distincrtion of Law.
    At any rate the decision or judgement Parliment will invole application of principle of law to concrete facts.
    As most of 100% per cent Lawyers knows very well,thus in law of Evidenece there are on one side the “facts which prove” material which help to establish the “facts in issue”:and the other side,the “facts which are to be proved” those things which as soon as they ( Parliemant-CJ) have been established by evidenece,become definite facts-in law.
    At the same time Parliment will have to probe very deep into viloation of sovergnity of law,indepandance of judiciary misused by CJ and social and moral cenception of the time, or her dischage of duty ,or of a certain changing social requiremants and its enviroment in order to to disentangle the facts-in law on which legal consequences of Right and Duties depend.
    This legal side as well as social impact has to probe by ONLY WHO MAKE RULE OF LAW.
    In public opinion and voice is concern there is no any other highest Instituation to probe corrupation charges against CJ except member of Parliment in Sri lanka.
    Beside these rules of Evdienece Parliemant are some times bound to accpect certain well-established social presumption and social obligation facts-in Judiciary.
    And Parlimant has to decied how far CJ has induce by such misrepresention to perform an act of Judgement has been deprived other duties of the exersise her power of judicial auhority..
    I think public has right voice of corrupation not only CJ as well as others too.

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    Can Messers Nimal Sirpala de Silva, Anura Priyadarsana Yapa, Dilan Perera, Susil Premajayanth, Luxmman Kiriella and John Amaratunga go against the BASL resolutions. Are they members of the BAR ?Can the BAR take any disciplinary action against them ?

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    All these resolutions are to urge the speaker and the chairman of the PSC to make sure that the inquiry against the CJ is transparent. This resolution should have been perfect if there were a clause to urge the speaker to be just and fair in deciding the comprise of the PSC. The present PSC comprises 7:4 which is very unfair.If this allocation is not changed then it’s almost a done deal for the Rajapaksas.

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    result will be 6:5 in favor of impeachment, if a vote is taken .

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      What’s the rationale for 6:5

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