The greatest need of the hour is Constitutional change, to enable independence of the judiciary, said former Attorney General and past President of the Bar Association, Shibly Aziz, PC making the 6th K. C. Kamalasabayson Memorial Oration at the Hulftsdorp Law College, on the topic “What Ails The Justice Delivery System?”
Shibly Aziz PC
He said that until the process and system for making judicial appointments can be made free of the ability of the ‘executive’ to make appointments at its sole discretion, “independence of the judiciary” will remain a standard too high”.
He emphasized that a robust bar is needed, to protect the legal and judicial system. He noted that the stand taken by the bar when Chief Justice Bandaranayake was mistreated, was something to be proud of, despite what happened eventually.
Glowing tribute was paid to the late K. C. Kamalasabayson, PC who was described as a skilled counsel and a highly ethical gentleman who protected the principles on which the Attorney General’s Department should be run.
On the occasion, the website of the Kamalasabayson Foundation (www.thekamalasabaysonfoundation.com) was launched. The site contains several features, including the complete text of previous orations and a ‘Guest Book’ in which several people have started writing of their various memories and experiences with the late Mr. K. C. Kamalasabayson.
T. Ruth / September 7, 2013
It is a sad indictment of the legal profession in Sri Lanka that Mr. Shibly Azziz PC, one of those who wrote to the judges requesting them not to recognize any person appointed to the office of Chief Justice and to refuse to sit with a person appointed as the Chief Justice, then himself did the exact opposite.
Mr. Shibly Azziz PC, wrote|
“In view of the interpretation given by Your Lordships’ Court and the decision of the Court of Appeal, the attempt to remove the Chief Justice from office is without any legal basis and contrary to the Constitution and the law of the land.
Accordingly we the undersigned earnestly request that the Judges of the Supreme Court should refuse to recognise any person appointed to the office of Chief Justice and refuse to sit with a person appointed as the Chief Justice as such an appointment would be contrary to the Constitution which Your Lordships and Ladyships and we as members of the Bar have sworn to uphold.”
“We may add that Your Ladyships and Lordships are obliged to follow the decisions of our Courts and that if Your Lordships or Ladyships refuse to abide by the rulings of the Supreme Court and the Court of Appeal you cannot expect any other person to follow the orders of any of our Courts.”
http://www.sundaytimes.lk/130113/columns/govt-considers-new-cj-but-shirani-wont-go-28548.html
A FEW DAYS LATER MR SHIBLY AZIZ PC, WAS PRESENT TO WELCOME PERSONALLY AT THE CEREMONIAL SITTING OF THE SUPREME COURT THE PERSON HE URGED THE JUDGES NOT TO RECOGNIZE AS THE CHIEF JUSTICE.
The Kamalasabayson Foundation has desecrated the memory of Mr. K.C. Kamalasabayson a great man who always walked the talk.
/
Perth / September 12, 2013
desecrated indeed by a slimy muslim maggot.
/
Lapatiya / September 7, 2013
I don’t think that we need independent Judiciary anymore. All what we need is some Judges who can read Judgment’s coming from Araliya Gaha Mandiraya only. That is what our Saddarmadveepa Chakrawarthi is doing by appointing Jydges like Sathya Hettige, Rohini Masinghe, Deepali Wijesundara etc. etc. and International Liar as CJ.
/
Peon / September 8, 2013
You are so right! The standard of judges of the superior courts has been, while desecrated brought down to the level of the “grama niladhari” .. with the appointment of the characters you mentioned. The Rajapissa Regime should be held accountable for the dismantling of such an essential institution and standard acquired and established over the long years by illuminary personalities and a good bar.
/
lex / September 8, 2013
Both Aziz & Kamalasabayson belong to the tribe of Dr Jekyl & Mr Hide
/
Leslie / September 11, 2013
This is right. Both are rascals
/
Taraki / September 10, 2013
When Shirani B was first appointed the UNP were complaining of corruption. After she was impeached they suddenly found a heroine to defend and attack the Government with. They did the same thing with Sarath Fonseka, ridiculing him saying he couldn’t even lead the Salvation Army let alone the Sri Lankan Army. Remember ‘In front is Johnny (landmines), behind is Fonny’? After he fell out with MR he suddenly became their hero.
People have forgotten the UNP’s control of the appointment of judges. Also the JSS mobs they used to intimidate them. Just read Rajan Hoole’s article in CT 10th September 2013. The UNP could teach the present government a thing or two about corruption and thuggery.
All our politicians are the scum of the earth.
/
Leslie / September 11, 2013
The best friend of Aziz is Mohan Peiris. Do not bemisled by the muslim snake.
/
Sri / September 11, 2013
Do you think this people never raised their voice when they were working in the official bar.But now they are making very big statements and try become hero.We all are not dead still alive.When they wanted they are prepare to do any work of politicians.Please with respect be realistic.USA,UK or any other developing country it is not possible to implement 100% independent judicial system.JR ,Mrs.B. Chandrika,Mr all ruined this system that the truth.AG is a puppet of that regime. Otherwise they cannot exist that position any more.Independent judiciary is a never exist it is a only a concept.Mr.Aziz that’s why Former Chief Justice failed to exist that post.We learn different way but that how it’s works.
Sri
/
Perth / September 12, 2013
desecrated indeed by a Muslim maggot
/
kumar / September 12, 2013
Sri,I agree with you.Thank you.These people are now only down to earth but those days they are living in a different world.Some of the Bar Association top level members are also politically motivated maggots.
UNP,JVP,LSSP,CP and TNA (RAW)all combine party supporters.See that Shirani Banbdaranayake’s Lawyer Neelakandan(EX-co one of the top members) This man requested to Indian Government to Invade Sri Lanka, at the Last week Indian Association dinner(see Report- DBS web site).
Well done,Mr. Neelakanthan show your colors. you can’t hide always one day you have to show who you are?
Kumar
/
Leslie / September 12, 2013
Regardless of what position he holds, Aziz cannot wash off the stench of islam that follows him. He isa box of humber dates.
/