By Colombo Telegraph –
“Standing orders protect the judge during proceedings of the PSC and if found guilty, then the proceedings would be published. Otherwise it will not be published (Standing Order 78A(8)). The purpose of this protection is to protect the judge against unfair allegations etc. However, the Standing Orders do not prohibit the waiver of that right by the judge himself/herself. Chief Justice Shirani Bandaranayaka wants to waive that right today and requested that the proceedings be open to public.” a lawyer who is following the Impeachment procedings told Colombo Telegraph.
Accourding to the our source, one member of PSC pointed out that two of those 117 MPs who signed the motion want to attend the proceedings. Romesh de Silva PC , the lawyer for the Chief Justice wants all 117 MPs and others also to be present and proceedings to be open. He says he wants at least the Bar Association of Sri Lanka and International Bar Association or any other responsible body to observe proceedings. Then the Chairman states that there is a secrecy that needs to be maintained. Romesh de Silva pointed out that a responsible observer will always observe secrecy – as same as a Legal Counsel.
Without consulting other Members, the Chairman disallowed this request of the Chief Justice, our source said.
The Government of Sri Lanka brought the impeachment motion with 117 MPs signing the impeachment (all from the government) against the Chief Justice and the inquiry is being conducted by a select committee of parliament consisting 7 MPs from Government and 4 MPs from Opposition.
Related posts;
CJ Asked For An Open Public Trial – Refused, Asked For Observers – Refused
PSC Rejects The Request Of The SC, Vote Was Taken, Chief Justice Refused To Go Without Lawyers
CJ’s Response In Full: Select Committee Has No Jurisdiction To Hear And Determine The Impeachment
Breaking News: Full Text Of The Interim Reply Given By The Chief Justice
Saman Wijesiri / December 4, 2012
`No’ to a request for an open trial! `No’ to a request for observers! Democracy at work in Sri Lanka!
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Bedrock Barney / December 5, 2012
We want Free, fair and open PSC proceedings! Then impeach her in free fair and open manner. Regardless of the current circumstances around Divi Naguma, this CJ is tainted. Whipping up public opinion in her favor is conduct unbecoming a CJ.
People who angry at MR, want to protect her on the basis of the enemy of my enemy is my friend.
Don’t confuse the two issues. She is playing the public like a puppet.
The highest office holder of the SL judiciary is seen having receiving blessing from monks and priests within the supreme court complex. Surprising she didn’t break a coconut.
We know how politicians in this country behave. Sad but they are politicians who will do anything to stay in power.
She on the other had is a educated person who heads a group of people who are the ultimate authority in matters pertaining to the interpretation of the law. Yet she played politics, enjoyed perks until she realized there was price.
If justice is to prevail then this CJ must go.
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Safa / December 5, 2012
Can the PSC act against the standing orders of Parliment?
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Ronny / December 5, 2012
You are a case for Barney Raymonds
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Jayantha / December 5, 2012
Leelo:
This is for you my friend Leela:
Yamang Bando, Vesak Ballana,
Yamang Leelo, Naduwa Ballana,
Rupiyal Dahai, Bothalayai,
Packet Ekak, Nomile Lebei,
Yamang Leelo, Naduwa Ballana.
Vesak Re-visit on 6th December 2012 ……ONWARDS.
Venue = Sri Lanka Parliament Complex
Musical Group = Medamulana Alibaba and the 117 Clan.
Special invitees = Mr. 10% (ten percent), Mr.Satakaya, Mr.Ladie’s man . Mr.Space man, Mr.Seaman and Mr.low man
All are welcome including my friend Leela.
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Safa / December 5, 2012
PSC is acting against the standing orders of parliment. Speaker please tak e action against the chairman of PSC. What a joke.
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Dinuk / December 5, 2012
The Kangaroo Court run by Chamal Rajapassa – an uneducated politician like the rest of his brothers who are looting Lanka an ruining its reputation – wants to convict the Chief justice without a fair trial IN SECRET. This is why the cronies of the Executive President Mahind Rajapassa who are running the Parliamentary Select Committee (PSC) aka Kangaroo Court to impeach the CJ on false accusations, do not want educated observers or the public present at the proceeding, even though the victim of their witch hunt – The CJ- is confident that the charges are false and wants the presence of outsiders.
Sri Lankans have never trusted politicians and the current Kangaroo Court will heap further disrepute and infamy on the fat overfed politicians who have been bribed by the corrupt Mahinda Rajapassa with duty free permits and other goodies to do his bidding and turn Lanka into a military dictatorship with a facade of democracy while living off tax payers funds..
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Cynthia / December 5, 2012
The Kangaroo Court run by the uneducated politician is clearly afraid
of challenges from educated observers. Chamal Rajapassa
does not want the public to be present because he knows that
opening the proceedings will educate the Public and
quicken a LANKA SPRING ! He has to deliver his contribution to
safeguard the Rajapassa fortune at any cost.
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John Wayne / December 5, 2012
The CJ should play for time and then refuse to participate in the Kangaroo Court run by the parliament that is bringing huge disrepute to the Sri Lanka legislature and people. The legislature was never greatly respected and was the least regarded arm of govt. in any case because most folks know that politicians are the scum of the earth..
The Rajapassa regime has however taken the legislature and politicla culture in the country to the lower depths!
The good news is that the citizens have finally woken up to the rot that the Rajapassa regieme represents and the LANKA SPRING is blossoming – lots of excitement to look forward to in 2013. The Rajapassa mobs, three wheel drivers and other shanty town thugs directed by Mervine Silva will have to flee when the LANKA SPRING BLOSSOMS in 2013!
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Saro / December 5, 2012
The government and the president misjudged the public reaction to their one-partisan move to impeach the independent CJ and hence remove her from her post. There is a way out to minimise the damage by appointing lawyer MPs in equal numbers from the ruling party and the opposition If the ego of the president is left to its end the CJ will be impeached and that will very likely finish off his ambition of continuing in his job any longer and definitely third term is out of all probabilities. Who knows who will succeed him? It could even be his victim.
Sri Lanka needs a leader who can see the future without ethnic dimension.
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Nawas Dawood / December 5, 2012
Parliment is not Court, having Public Hearing,if CJ want later she can asked to Court for Public hearing,but not now? CJ is still immtured of her agianst corruaption charges and working on emotional impulses.
CJ has to act on well blance manner to abslove her charges?
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A reader / December 5, 2012
Nawas, what CJ is asking is observe principles of natural justice which are being followed by even a minor disciplinary inquiry in public service.
Place yourself in CJ’s position and ask the question whether you have been given a fair chance of defence at the inquiry.
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Safa / December 5, 2012
CJ is not going to dance to your tune. SHE KNOWS THE LAW unlike your Modawanse et al. Better if you learn to dance to her tune.
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Yakki / December 5, 2012
Boycott pabawathies and Malaani fonseka the greedy women who can not count to ten but signed the motion with out reading
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Jayantha / December 5, 2012
WE ALL SRI LANKANS WANT TO WITNESS THIS CJ IMPEACHMENT TRIAL BE SEEN LIVE AND BE OPEN TO PUBLIC. IT IS OUR CONSTITUTION RIGHT THAT NOT ONLY TO WATCH AND WITNESS THE TRANSPARENCY OF IT BUT ALSO TO EDUCATE OURSELVES AND OUR CHILDREN TO SEE HOW THE CONSTITUTION APPLIES TO EVERY CITIZEN AND ON WHAT GROUNDS A PERSON COULD BE ( HERE THE ACCUSED IS CJ) ACCUSED AND PUNISHED UNDER THE SRI LANKAN LAW.
THIS IS PURELY TO LEARN HOW THE LAW APPLIES TO THE CITIZEN AND GOVT. SHOULD ALLOW IT.
What type of hearing is this…..All over the world this type of impeachment not only open to public ( a number of selected guests) but also to SC judges and the Bar association and the LIVE TELEVISED BROADCAST. This alone show how the MARA gang doing everything (from tenders upto selling lands and giving contracts) hidden from public.
All have to protest that this CJ hearing should be open to public and to the Bar Assocation and the SC judges and to the international community.
Who is MR or the speaker to restrict peoples rights in a Democratic country. Tomorrow they will go and sit in the CJ’s seat….
These disgusted thieves are from the worst ever rowdy areas in Sri Lanka…Weeraketiya/ Walasmulla/ Beliatta where the most crooks ever live….where MR coming from…(I know that area because I was overlooking Marketing and sales in down south) My farther always told me not to bring even a blind cat from that area…..and he proved correct.
This MF thieves MARA crooks will never leave the positions they got by crooked way…..unless all get together and chase them even if it needs to get foreign support.
It’s going to be hard…but not difficult also. The more they stay the more they ruin our country.
CJ and the Lawyers should be stern to the PSC and say they should allow for public and the Bar association and the Judges to witness the hearing.
THEY COULD HAVE THE HEARING INSIDE A GLASS CHAMBER IN THE PARLIAMENT AND CAN HAVE THE AUDIO/VIDEO LINE FOR OUTSIDERS TO SEE AND HEAR. THIS IS A MUST.
It is the peoples bad luck for bringing these crooks into power. These are power hungry crazy fanatics which are hard to kick out….only with collective effort with mass agitation could bring results, because these crooks are ever ready to destroy the country for their illicit survival.
WE DEMAND FROM THE GOVT. OF SRI LANKA AS CITIZENS THAT WE HAVE OUR RIGHT TO WITNESS THIS CJ IMPEACHMENT TRIAL, AND BE OPEN TO BUBLIC.
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Safa / December 5, 2012
Standing orders protect the judge during proceedings of the PSC and if found guilty, then the proceedings would be published. Otherwise it will not be published (Standing Order 78A(8)). The purpose of this protection is to protect the judge against unfair allegations etc. However, the Standing Orders do not prohibit the waiver of that right by the judge himself/herself. Bandaranayaka CJ wants to waive that right today and requested that the proceedings be open to public.
Thereafter, one member of PSC pointed out that two of those 117 MPs who signed the motion want to attend the proceedings. Romesh de Silva PC (Lawyer for the Chief Justice) wants all 117 MPs and others also to be present and proceedings to be open. He says he wants at least the Bar Association of Sri Lanka and International Bar Association or any other responsible body to observe proceedings. Then the Chairman states that there is a secrecy that needs to be maintained. Mr. de Silva pointed out that a responsible observer will always observe secrecy – as same as a Legal Counsel.
Without consulting other Members, the Chairman disallowed this request of the Chief Justice.
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Kumar / December 5, 2012
Please as usual file fundamental case against Sri Lanka parliament.
Where is our Professor G.L.Pieris? He is the most important person is this impeachment case.Chairman,of this select committee or any one of representing in this proceedings are not confident enough to conduct this type of highly controversial issue.(Language,Rules,standing orders o any experience)This is really a very serious issue.Finally, end up in disaster.NGO dominating some Lawyers always appearing in TV,Newspapers and criticizing government according to their foreign bosses orders.One fellow is even appearing as well in this proceedings.These people spending lots of NGO money for their own benefit past several years.Now they are openly using their propaganda according to their agenda.
Constitution is very clearly explain procedure very well.We have to wait and see how it’s work.CJ or any other person responsible should face same consequences.CJ is not guilty, why she is so worried as usual parliament can not hide any thing of this proceedings.Government as well opposition members are representing in this select committee.one of the prominent President Counsel Romesh de Silva and several Lawyers are representing on behalf of CJ.She is very knowledgeable Lady (Phd,former Law lecturer of University of Colombo, Law faculty) in our Country.
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Appuwa / December 5, 2012
A good question – WHERE IS THE PROF GLP.
Do you think even if he is available there, would he react to the manner that the laws are not violated – in an environment almost every law and appropriations are made to their advantage ?
What are you talking about ? Just because she preferred the other to their arrangements – does NOT necessarily means she is WORRIED.
Agree with the fact -This is really a very serious issue whose AFTERMATH AND IMPACT is not yet clear to the masses
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justice / December 6, 2012
GLPeris should have been one of the seven MPs from the government side,as he is the most educated lawyer in parliament.
He must have refused to serve, as he has doubts about the outcome.
The ‘trial’ is a landmark in parliamentary proceedings,and should be televised and broadcast.
The whole world is watching.
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Lewke Bandara / December 7, 2012
One sentence answer
If CJ is guilty why is MaRa regime not allow her a public and fair trial according to principals of natural justice.
This is a mockery — you and likes of Malinda Seneviratnas are obsessed with NGOs tiger money not to mention international conspiracy — these jokes are getting old now.
Same people who criticized this bastardlike dictatorship of JR now doing much worst than JR. If I was Vasu I probably would had suicides by now.
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