18 June, 2021

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How Does The AG File Indictments And How Do MPs Sign Impeachment Petitions?

By Basil Fernando

Basil Fernando

The Chief Justice (CJ) has reputed all allegations made against her contained in the much publicized impeachment motion filed in parliament. The CJ’s legal representatives have said in a letter

“In the circumstances, in summary:

(a) Our Client has declared all her operative bank accounts having assets in her declaration of assets and liabilities; and

(b) After her appointment as a judge of the Supreme Court, our Client has not received any remittances from anyone in Sri Lanka or abroad save and except the remuneration as a judge and the remittances from her immediate family.

Thus, clearly, there has been no financial impropriety on her part.

Our Client totally denies the other allegations and can easily refute them.”

This raises a question as to how Members of Parliament (MP) sign impeachment petitions.

Do they merely sign these on orders from above or do they do so after sober reflection and on the assessment of facts?

It is useful to contrast how they do it and what the Attorney General (AG) is supposed to do when he/she files indictments.

Before preparing an indictment, the AG’s office studies the investigation file submitted to it by the investigating police. This will include whatever the suspect may have said in answer to the allegations, besides all other witnesses, including those witnesses who have made statements supportive of the suspect’s version.

Then, the officers who study the file make a proper assessment of available evidence and arrive at a reasoned out opinion as to whether there is adequate basis to proceed to file an indictment. It is only on that basis that a decision is taken to file an indictment.

In contrast to this, how do MPs sign impeachment motions? Do they study the issue and make up their minds with a proper assessment before doing so?

Since the matter of accusing anybody is a serious affair and accusing a Chief Justice, as in the present instance, is a very serious affair, shouldn’t the 118 MPs who signed have done so with the utmost seriousness or responsibility?

Did they act in that manner?

If not, have they not done a great injustice, not only to an individual, but also to the whole nation?

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Latest comments

  • 0
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    What can these stooges who sign for their supper do? when they get orders, they have to as told or their files will come out and they may not only lose their ministry, but may end up in prison. May the gods have mercy on our beloved land.

  • 0
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    All of these donkeys must be sued and filed defamatory cases against by the CJ and sent to jail/compensation claimed by the billions!

    • 0
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      Nirosh, could you please just wait until CJ defend herself … She will surely have the oppurtunity to defend very soon … As CJ being the most able highest authority in the land in judiciary cases, she will definitely defend herself to the maximum … Almost all Srilankas are waiting to see how she is going to do it …

  • 0
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    Some one needs to file a petiton in the SC asking these people to declare their assets. We need people like Ana Hazari and Kejriwal to expose this lot.

  • 0
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    Defying to sign the impeachment motion calls for courage and conscience. They possess neither.They have sold their souls for dirty lucre. If they do have a conscience would they have voted for the 18th Amendment?

  • 0
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    It is too much to expect Paba, Aluthgamage and Sanath to know what they signing

  • 0
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    these rouges and pigs in S L Parliament, do not have brains to understand that they doing a play of Russian roulette with the lives of Sri lankans

  • 0
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    Who are these signatories. Uneducated bufoons like Raththaran, Jonston Mavilaru robber , Malini Fonseka who has not passed o level, sanath jayasuriya, paba and other nincompoops. They are the honourable MPs. What can you expect? Debacle of Asia

  • 0
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    How can we elect these guys to run the country, they don’t have any experience or formal education. This is the same way we got into this mess with J.R.Jayawardena, since then we have a Monarch in this country.

  • 0
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    Bsil fernando knows all……………..

    Yet, none of the commentsrefere to Basil F’do’s observation.

    Its funny how this fellow Basil fernando & AHRC latch on to every bone that fall in Sri Lanka to sing for their super.

  • 0
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    These donkeys have apparently signed a blank sheet, making a mockery of themselves and the parliament that they are in

    • 0
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      If general public of the country would raise the question that all signees should declare their assets openly as CJ has done ? What would be the reaction of MR and thugs ?

  • 0
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    Hey Mr Basil which part of Srilanka you are living , arent you aware there is no law in SriLanka those stupids in parliament are just stooges of the president where our ignorant voters elected may have won the election by rigging.

    This is a country where High court order for discharge not executed for more than one year on a Tamil person called Nadaraja.

    There are thousands languishing in remand without a trial for years, anyone who question gets demoted,abducted or killed.

    a fear psychosis is implemented, all become selfish tow with rogues & become a rogue including the attorney general, CJ is going to pay a price for not passing the divineguma bill just like Sarath fonseka.
    United Nation & its Human Rights organization is also biased, we SriLankans are nowhere to Syrians who confront their dictator bravely, sorry to say we are bunch of cowards.

  • 0
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    Jim Hardy………… Fernando reside in an air conditioned high floor in Hong Kong.
    [Edited out]

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