19 September, 2020

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Hold Those Responsible For The Unconstitutional Impeachment Accountable – Lawyers Collective

By Colombo Telegraph

“Our proud judicial history has been tarnished. The ill-advised impeachment mooted by a few politicians was solely to protect their political power. Hold those responsible for the unconstitutional impeachment accountable. This is our plea to the national and international community.” says the Lawyers Collective.

We publish below the full text of the statement;

Black day in history of Sri Lanka

Sri Lanka’s Chief Justice has been impeached. The whole process was unconstitutional and politically motivated.

Repeatedly institutions, intellectuals, political parties and individuals – at national and international level – requested the Government not to proceed with the impeachment. All such requests were ignored. Even those by religious dignitaries were thrown away. The Highest Court of the land declared that the impeachment was unconstitutional. The Government turned a deaf ear to all this. It proceeded with the impeachment which concluded today.

This experience has tested the conscience of our Nation. It has hurt the very foundation of democracy in Sri Lanka. The damage caused is irremediable.

Our proud judicial history has been tarnished. The ill-advised impeachment mooted by a few politicians was solely to protect their political power.

Hold those responsible for the unconstitutional impeachment accountable. This is our plea to the national and international community.

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Latest comments

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    This is the beginning of savage laws which will be carried out by savages. All the law reports can be thrown in the garbage. Lord Buddha has already fled the country.

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      budha left long time ago man, I beleive 1948 feb 4th…

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      Time has come to IMPEACH MAHINDA AND CHAMAL RAJAPAKSE.

  • 0
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    Time to organize “Idle No More” movement.

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    The govt drives impeachment process to street levels. Thugs attacks anti-impeachment protesters at the courts complex with clubs in front of the police while Govt supporters, who were brought by govt MPs in govt buses rally at the entrance of the parliament complex with slogans asking CJ to go home. Golden Key depositors camped outside the CJ’s official residence and protest against her. Parliament debates and pass impeachment against supreme court determination that the process was unconstitutional.

    What is the lay of the land? Where is the Law and Order? How on earth we restore respect to the law? Are we so uncivilised? Aren’t we becoming savages?

    What a shame?

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      See, almost everyone was disagreed with the illegal impeachment, but they got that passed in the parliament. Meaning they will be able to get passed whatever they want in the future – MR will get passed laws to kill anyone go against them soon. This is the most undemocratic president that srilanka ever produced. Time all folks to go against these brutal rulers.

      My curse is with that Former CJ SN Silva- to have supported the idiotic leaders to strengthen their mandate through cross over from the opposition. People of this country suffer because of the bugger Silva approved that in his term.

  • 0
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    President unfair dission for madam he is a not in a president.

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    According to Mr. Kiriella MP Vote on impeachment is invalid “It’s flawed, the resolution tabled was to appoint a select committee and nothing else. If the President acts on it he will be acting unconstitutionally,”
    It is a vote just to appoint a PSC, There will be more court proceedings against this vote. There will be Court proceedings holding accountable UGC officials who initiated an illegal impeachment process. Media who insulted the Judiciary might also be held accountable.

  • 0
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    WE WERE SAVAGES WEARING A LOIN CLOTH AND LOOKING AFTER CATTLE, GOATS, CHICKEN, BARKING AT EACH OTHER AND CLIMBING TREES UNTIL THE BRITISH CAME AND TAUGHT US TO WEAR TROUSERS, EDUCATED US TO READ, WRITE, COUNT, HOW TO SURVIVE AND TO TRAVEL AROUND THE WORLD.

    NOW, THE UNEDUCATED, UNCIVILIZED, THUGS, DRUG DEALERS, RAPISTS, CHILD MOLESTERS AND MURDERING MORONS HAVE BEEN ELECTED BY THE STUPID PEOPLE WHO CANNOT SEE BEYOND THE TIP OF THEIR NOSE, INTO THE PARLIAMENT AND THE PARADISE ISLAND HAS BECOME A HELL HOLE.

    COME ON LET US NOT WASTE TIME, GET INTO YOUR SAFFRON ROBES AND INFILTRATE THEIR SO CALLED PALACES AND BLOW THE BASTARDS BALLS OFF, IF THEY HAVE ANY.

    • 0
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      Danny boy,
      See whether you can get hold of that ‘mind you language’ original version and watch it and concentrate on those laughs in the background for a change and visualize how British viewers must have been laughing behind the backs of you WOGs. I was there at the time, so I’ve experienced it for real.
      Leela

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    How can the next commonwealth conference be held in Sri Lanka, where there is a constitutional crisis and above all where rule of law is not followed. Even if the Chief Justice is not safe and is attacked by the goons organized by the Government, what is the assurance that the leaders of foreign countries attending the conference will be safe?

  • 0
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    “Our proud history has been tarnished by a few Politicians” says the Lawyers Collective.

    Two thirds of the 225 seat parliament of the Socialist Repulic of Srilanka said the CJ is not a fit and proper person to dispense Justice to our inhabitants,for obvious reasons.

    How can this be a “tarnish” ?.

    Besides two thirds of the MPs litterally represent two thirds of the inhabitant population.

    Perhaps Law School doesn’t ask for a pass in Math.

    “Hold them responsible” says the Collective.

    Responsible for disclosing to the Pulic the dodgy deals the CJ and the Spouse have crarried out while holding high office??.

    No wonder the Collectives plea is giving priority to Internationals.

  • 0
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    To all those need to know y the impeachment proceeding was unconstitutional;

    1/ As per section 107 of the constitution, the president can indeed remove the Chief Justice after a parlimentary recommendation with a simple majority. However,
    the most important thing to note is as per section 107, such recommendation can only be produced on proved misbehaviour or incapacity.
    “has been presented to the President for such removal on the ground of proved misbehaviour or incapacity” — 107(2).
    The accusations to the CJ were never proved. Hence is unconstitutional.

    2/ When issues came up as to the removal, a petition was made to the supreme court. The SC as well as the CA both came to the conclusion that the procedure was unconstitutional when determining the consitutionality of the proceedings. A writ of certiorari was handed out which made the decisions of the parliament select committed null and void.

    As per section 125 of the constitution, “The Supreme Court shall have sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution, and accordingly, whenever any such question arises in the course of any proceeding in any other court or tribunal or other institution empowered by law to administer justice or to exercise judicial or quasi-judicial functions, such question shall forthwith be referred to the Supreme Court for determination. The Supreme Court may direct that further proceedings be stayed pending the determination of such question.”

    Only SC has the right to constitutional jurisdiction. It is not the parliament or the president. Under section 125, the SC made a determination stating that the proceedings were unconstitutional. On this basis, all that is done in the aftermath is unconstitutional.

    Therefore the complete impeachment process that was carried out is unconstitutional and the dismissal of the CJ is null and void.

  • 0
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    Yes Bring MARA family, Parliament and party goons under “Sharia Law”

    Supreme Court should take over the Parliament Ministers Duty and close down the Parliament.

    Give the development of the Country either UK, USA or a Japanese Company Executives.

    Toyota Motor Co. annual turnover is Three times our GNP.

    Use Parliament Gon Harak to Plough Land and Burn the Parliament for good.

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