By Colombo Telegraph –
“It is to be reminded that Speaker, Deputy Speaker and every member of Parliament has under oath of office as set out in schedule 4(a) to the constitution undertaken to uphold the Constitution.” says Lal Wijenayake, the Convener Lawyers for Democracy.
Lal Wijenayaka -Convener LfD
Issuing a statement he says; “We ‘Lawyers for Democracy’ condemns the attempt to mislead the masses and to push the country towards an authoritarian regime. This dangerous trend has to be checked to prevent a lawless, chaotic situation developing. We demand that all concerned respect the Constitution and honour its allegiance to the Constitution.”
We publish below the LfD statement in full;
Statement by ‘Lawyers for Democracy’ on the statements by the Deputy Speaker of Parliament and Media Spokesman for the Government:
The statement made by the Deputy Speaker of Parliament regarding the notice issued by the Court of Appeal on the Speaker and members of the select committee of Parliament in the case filed by the Hon. Chief Justice for a writ of certiorari to quash the findings and/or the decision contained in the report of the PSC, that the speaker and Parliament is not bound by orders of Courts and the simultaneous statement made by the media spokesman for the government that Parliament is Supreme and that the Supreme Court cannot interpret the Constitution has to be taken seriously as both of them hold responsible positions in the government.
Article 3 of the Constitution clearly lays down that sovereignty is in the people and is inalienable and Article 4 of the constitution sets out how the sovereignty of People shall be exercised. Article 4(a) vests the legislative power of the People in Parliament and Article 4(b) vests the executive power of the People in the President. Article 4(c) vests the exercise of judicial power of the People in the courts, tribunals and institutions created and established by the Constitution or created and established by law. The only exception is in regard to matters relating to privileges, immunities and powers of Parliament and its members where the judicial power can be exercised directly by Parliament according to law. Therefore, it cannot be stated with any stretch of imagination that Parliament is Supreme. Article 125 of the Constitution lays down that the Supreme Court shall have Sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution.
Therefore irrespective of his position every citizen is bound by the interpretation of the Supreme Court of any provision of the Constitution and the constitutionality of any law, statute, rule or standing order. Under Article 74(1) which confers in Parliament the right to frame standing orders clearly states that such standing orders has to be subject to the Constitution.
It is to be reminded that Speaker, Deputy Speaker and every member of Parliament has under oath of office as set out in schedule 4(a) to the constitution undertaken to uphold the Constitution.
We ‘Lawyers for Democracy’ condemns the attempt to mislead the masses and to push the country towards an authoritarian regime. This dangerous trend has to be checked to prevent a lawless, chaotic situation developing. We demand that all concerned respect the Constitution and honour its allegiance to the Constitution.
We call upon all sections of civil society to voice their condemnation of these statements.
Lal Wijenayake
Convener Lawyers for Democracy.
‘Lawyers for Democracy’ (LfD) is a representative body of legal practitioners throughout the island. Conveners include Lal Wijenayake, Chandrapala Kumarage, J. C. Weliamuna, K. S. Ratnavale, Sudath Netthisinghe, Sudarshana Gunawardana. It was established on 10th December 2009’.
Safa / December 24, 2012
I doubt if the majority of these imbeciles have even read the constitution of the Democratic Socialist Republic of Sri Lanka. Similiar to their signing of the impeachment motion. As loang as they enjoy the plums of office they dont care two hoots about any law or constitution.
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Chanakya / December 26, 2012
Keep up the good work LFD! Please lead a massive voter education campaign and SMASH the MYTH that the parliament is supreme. It is not so in law or in substance: formally or substantively.
The MYTH that the parliament is supreme even though it is full of UNEDUCATED thugs, morons, criminals and Rajapakssa relatives turned politicians in order to make MONEY through MONEY POLITICS which is dominant today is Sri Lanka, is a MYTH cultivated by the govt. and the dead leftists that support it.
The MYTH that the parliament is supreme is a also MYTH cultivated by the knave Ranil Wickramasinghe– the pathetic leader of the opposition in perpetuity since he feels important sitting in the Diya-wenna parliament of corrupt and uneducated morons, who have huge perks as MPs and are wasting public funds on the high life, and audis, BMWs and Lambughinis!
It is the Rajapssa family and their corrupt politician supporters including Ranil Wickramasinghe of the Diya-wenna parliament with a few rare exceptions who should be IMPEACHED because they have INSTITIUTIONALIZED CORRUPTION in all governance institutions and have run a Kangaroo Court in parliament bringing harm and disrepute to the Judiciary, Legislature and sovereign people of Lanka and should be held ACCOUNTABLE.
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Ainsley / December 24, 2012
This Deputy Speaker fellow ought to be disbarred. I have sen him on television. he looks a scoolboy, stuttering and utering rubbish. Oh how the once mighty officials of the Sri Lanka Parliament fallen to such depths that the Parliament is represented by such clowns! We may well hide in shame at what has befallen us!
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kamal nissanka / December 24, 2012
I think all lawyer MPs of the parliament and PSC lawyers should be debarred.
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kamal nissanka / December 24, 2012
I meant all lawyer MPs who signed the paper called impeachment sans charges should be debarred. Bar Association should star the process.
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douglas / December 24, 2012
More than anything else, if the people are to be protected against any type of harassment by way of any statute or other decision, each and every individual must have a right to contest such situation and obtain redress. Then only remedy is to go before a “Court of Law” set up for that purpose.
To know this you need not be a “Legal Pundith”. It is COMMON SENSE.
In the circumstances, if anyone, whether in Parliament or outside trys to hide behind this myth of “Supremacy”, he/she is a danger to the society.
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Anuradha Pieris / December 25, 2012
I feel SL has by and large become a lawless country due to large scale violation of the constitution. General public doesn’t care about this (they have no knowledge about the constitution). What they generally know through the down pour of fabricated news of the media (both state and private) that the CJ has done some massive scale financial corruption/s. There is now way for them to get correct message. The opposition who should act here is clearly deaf and blind, as far as the general public is concerned. This will lead to clear autocracy. Sorry Sri Lanka…:(
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Patel / December 25, 2012
Those individuals propagate the idea of impeachment at this critical moment of time deliberately put the political leadership in deep trouble. India is supposed to submit a review in next Geneva summit in February. Continuous Interference, intimidation and arbitrary attempt to impeach Judges would only lead to justification of UN reaction.
Non compliance of the Appeal Court orders and increasing evidence of lack of Rule of Law in the country would make the matters much worse. Those who initiated an impeachment to coincide the review of resolution seem to be fully aware of the implications.
There is a specific statement insisting on re-establishing independent Judicial and public service commissions. Covert individuals initiated and promoting impeachment are doing exactly the opposite of what is expected at this moment of time to make the matters worse.
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