20 September, 2020

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‘Stop Debating The Impeachment’ – Bar To Strike For Two Days

“The Bar Association of Sri Lanka strongly, unequivocally and with no reservations whatsoever condemns the decision to take up for debate the impeachment motion against her Ladyship the Chief Justice Dr. Shirani A.  Bandaranayake based on the findings of the Parliamentary Select Committee which was quashed by the Court of Appeal  and determined to be unlawful by the Supreme Court. The Bar Association has decided to call for all its members (in 78 Branch Associations) to refrain from attending to any Professional duty in protest on the 10th and 11th of January 2013 to express our deplorable condemnation.” says the Secretary of the Bar Association of Sri Lanka.
Issuing a statement the BASL says; “The Bar Association of Sri Lanka further urges H. E. the President of the Republic, Hon. Speaker and the leaders of all political parties representing the Parliament to honour and respect the determination of the Supreme Court which in terms of the Constitution of our country is vested with the sole and the exclusive jurisdiction as regards to Constitutional Interpretation and Determinations.”
“The Bar Association of Sri Lanka is seriously concerned about the negative and eroding impact that any action of the legislative and executive organs of the government to disrespect and dishonour such determination would have on the Rule of Law in this Country.” the BASL further says.
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    Not only 10th and 11th until President declare that he and Parliament will obey court of appeal descision and Supreme Court interpretation, Lawyers nationawide irrespective of their positions, should abstain from their professional duties

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      For these date eating black coats, two days refrain in working is nothing …. there are another 363 days for ‘working’ guys …. This club of black coats is not at all popular with general public as they know these guys are only interested about ‘dates’ which is money … If ‘educationalists’ could not gather any reasonable support across the country in which the education has the highest form of respect, these black coats with their unpopularity would not go far … End is near guys …. Government should first table all the cases now hearing in courts about their beginning dates .. That simple thing would open eyes of many …. I am pretty sure that twenty, thirty year cases are still going on …. Judiciary is corrupt and never ever served the general public in this country … This black coat club should be exposed about their corrupt practices and their disrespect for the general public …

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    If the bar is in strike, does that mean we can walk freely along Mihindu Mawatha and Hultsdorf without black coats harassing us for cases?

    Thank god for that.

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      Truth teller: This is not a time to belittle the work being done by the black coats on your behalf by uttering sarcastic statements.

      Your truth will become a curse for you when your opponents are in power and your are being dragged before a court that gets orders from your opponents to deprive you of your truth, physical and human assets.

      At that time, don’t cry for the black coats!

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    The impeaching of the CJ against all norms of laws and ethics is possibly the worse constitutional crisis this country had ever faced. The bar in Pakistan has shown us the most effective way to resolve this crisis. The government there was forced to restore the CJ Mohammed Chaudhry, further to a sustained protest launched by thousands of lawyers against the President Musharaff’s arbitrary suspension of the CJ. And it shall be the duty of all judicial officers and the members of the bar to commit themselves to demand restoring of the rule of law in the country. They should declare total stoppage of work until this matter is resolved with due respect to the peoples’ democratic rights guaranteed under the constitution, which all institutions are under duty to follow.

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      this, as I understand, comes from a lawyer and a person who trusted president as he made an open appeal a few days ago. his proposal is a courageous one and really something the legal fraternity ( lawyers, judicial officers) can take…Is the legal fraternity up for this historic task?

      The whole country and the right minded people in the whole world will honour you. Have courage, no time to second guess, go forward as only you can do this, NOW.

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    This is at least a start. But these statements and 2 day strikes fizzle out and the govt. knows that. The legal fraternity ( lawyers, judicial officers) have to very quickly (before voting on 11th) seek the options of taking legal action on individual basis against the MPs who took oath to safeguard the constitution. As they are professionals from the legal field, they should be able to work it out if it is possible to

    take legal action (already on 9th) against speaker of the parliament and the leaders of the political parties to lose their MP posts by very clearly finding out whether fixing debate on this motion and taking part itself is an unconstitutional act. ( instead of waiting until completing, that means voting and passing the resolution on 10th and 11th)).

    As none of the members of the parialament has indemnity ( which only president has) and even president can’t pardon MPs (speaker included these MPs) for violating/not upholding the constitution, the legal fraternity takes firm and proper action ( against as susil premjayanth says, reversing SC determination later by another bench).

    These statements by BASL, JSA etc; are only little more than UNP press releases. Govt. knows very well they mean nothing as it will resort to physically remove CJ and get new CJ to crack the whip on them.

    All these people, who know deep down they are not best for any reason, not trusting each other, and assuming the regime won’t go after them later, will only regret.

    So, the legal fraternity please don’t second guess, take decisive steps, have no fear, as you are standing for justice and to make this country a better place, now and in future.

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      Those who defy Appeal court decision fall under “contempt of court ” charge and is valid for NEXT 20 YEARS , so all those monkeys who made a mockery of the court decision will have to face the jail term.

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        it’s unfortunate you don’t get it. if the parliament passes this resolution on 11th, president will immediately address parliament and remove CJ. and new CJ ( under their control) can appoint a 5 member bench to reverse the 1st jan SC 3 member determination that gave powers to CofA to hear current CJ’s writ application.

        then what you refer to as “Appeal court decision” becomes null and void, (when the 1st jan SC determination is reversed, as they did with reversing PB jayasundera’s removal etc;) and that’s what susil prem jayanth already says.

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          of course that is a possibility , i just try to point out the natural justice !
          i agree with you if any one wants to take a decisive action it is now , not after 11 th , but probability of any such action is remote , my argument is all the opposition parties in parliament must refrain from attending the parliament indefinitely , let the junta go ahead with their agenda ,let the whole world knows the real situation in SL.

          ps lawyers and judges must follow the suit

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          What you say would be legal and hence acceptable, if done through an appeal to the Superior Courts to appoint a panel of five judges to hear the case. However, if it is done through a ‘ below the belt’ move to induct new judges into the superior courts, then it will be immoral and unethical. It will also be an attempt to subvert due process.

          Of course, it appears that the government is ready to resort to any subterfuge.

          Dr. Rajasingham Narendran.

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    We need to support these ambulance chasers. :) If MR gets the judiciary into his pocket that will be the end.

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    My very humble idea is for AN INDEFFINITE STRIKE until the dictator stops the Impeachment and also accepts the Supreme Courts Verdicts. If you strike for two days the Dictator will go to Nuwara Eliya or Kandy for a nice holiday at our expense and come back to crucify the CJ and also nail the judiciary. This is the last chance the peace-loving Sri Lankans have and if this fails, no more chances for atleast another 25 years.

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    And isn’t it very surprising, if its membership is serious about Rule of Law and appeal to all political parties to uphold it, why BASL is not very clearly mentioning that according to law of the country there is no such PSC report (as writ of C of A quahsed PSC report) to debate on and take vote on? ( its ref to SC determination is without ref or date but this is a formal communique from BASL)

    Isn’t it a key question BASL should raise : how can parliament hold a debate on a document that is quashed according to law of the country?

    Why BASL is beating around the bush, do its leadership fear it will be isolated and only posturing ( like UNP is doing ) ?

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    View expressed by Ronny is exactly right. what required is to declare indefinite protest until the matter is resolved as the rule of law. When both JOA and Bar joined hands stop working the President will have no option but to listen and resolve this matter.

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    Its a big step to go for the two day strike. There is a need to strike a balance between protesting and causing hardship to the litigants. Indefinite strike will deteriorate the litigants position more in the course of causing pressure on the government.

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      What is the point in starting something that cannot be finished? A two day strike will be ultimately an act of tokenism. Ronny is right. The litigants case will be heard sooner than later. The legal fraternity will collect their fee sooner than later. But if the judiciary is undermined as deliberately, intended , the damage will hurt us much more and for much longer.

      Dr.Rajasingham Narendran

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    In those rare moments when despots raise their hands against the rule and function of the due process of law, it is the organised legal fraternity that must resist such dubious moves. Here we now have Wijedasa R meekly cowing down, as widely predicted, after breathing hell and high water until yesterday. One appreciates the Lawyers Collective offering some semblance of resistance. Sadly, JCW, Jayampathy W and company are 2nd leaguers and their admirable efforts will pan out. MR plans his moves with great precision as he did to
    sideline the more fordmidable Sarath F. The former CJ is nothing compared to the country-wide anti-Rajapakse sentiments SF was able to produce, that stood strong for quite a while.

    History bears many examples when shrewd manipulators subverted strong democratic societies under the guise of pseudo-racial religious patriotism – not excluding the great German Republic itself in the late 1930s. There we saw educated, long-standing, healthy institutions brought to their knees. But these eventually collapse but not before harming millions of people and turning the land topsy turvy.

    Sri Lanka stews in its own juice.

    Senguttuvan

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