Justice in the court of conscience - EDITORIAL

30 January 2015 05:44 pm - 3 - {{hitsCtrl.values.hits}}

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The biggest issue in Sri Lanka’s independent judiciary came to a climax on Wednesday with Chief Justice Shirani Bandaranayake saying, “hail and farewell” in a memorable message that hopefully marks the restoration of the independence of the judiciary.

This crisis had shaken one of the pillars of democracy for 746 days after the Rajapaksa regime -- in an apparent act of vengeance over the now discredited Divi Neguma Act --impeached the Chief Justice in January 2013. Mohan Peiris was appointed by the then President Mahinda Rajapaksa to replace Shirani Bandaranayake.

On January 8, the silent but historic revolution of the people brought about a ‘Maithri Palanaya’ or an era of good governance, democracy and social justice. The all-party National Unity Government led by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe, acting on one of the promises in the manifesto, asked Mohan Peiris to gracefully resign so that Shirani Bandaranayke could be reinstated as the Chief Justice.

On Tuesday, the Ven. Maduluwave Sobhitha Nayaka Thera – spiritual guru of the National Unity Government -- told Mr. Peiris to resign gracefully so that huge demonstrations could be avoided. But Mr. Peiris did not and on Wednesday thousands of lawyers and others demonstrated outside the Supreme Court, shouting, “Mohan Peiris go, go.” The Government acted fast. Citing flaws in the impeachment motion it declared that the removal of Shirani Bandaranayake was illegal and invalid. So was the appointment of Mohan Peiris as CJ. Thus on Wednesday, Shirani Bandaranayake resumed duties as the Chief Justice. In a move that virtually raised the judiciary from the dead she declared she would retire on Thursday though she could have served in that post for eight more years.
Addressing a landmark ceremonial sitting of the Supreme Court on Thursday, Chief Justice Shirani Bandaranayake said, “I have been bestowed with a breadth of opportunities by my country, a debt which in my 16 years of service within these hallowed walls of Justice, I have tried to repay. I believe in that period, I have done my utmost to uphold the rule of law and the independence of the Judiciary.”

Referring to her tenure as Chief Justice she said, “In my 16 years of service in the Judiciary, having delivered more than 320 considered judgments, I have taken utmost care to uphold the esteemed office that is, of a Judge and Chief Justice. As the bastion of Justice and the last redress of the people of my country, I considered the position bestowed upon me as one that is sacred and pure. Witnessing the erosion of Justice and the downfall of this hallowed institution for the past 746 days was as painful as the personal impact the unlawful impeachment had on me.”

In final words that will be recorded in the annals of history and justice, Shirani Bandaranayke said, “The battle which was fought for the past two years was not a personal one but one which was fought to uphold the rule of law and the integrity and independence of this institution. I may come and I may go, what matters is not the individual who holds this esteemed office, but the continued existence of its independence and its ability to deliver justice without fear, bias or favour. I am thankful to be able to bid farewell, knowing the fact that, generations from now, when society looks back at this occasion, it would be remembered as a day in which, time and nature brought about justice.”

She fully recommended the appointment of the senior and widely respected Justice K. Sripavan as the 44th Chief Justice and was sworn in yesterday by President Maithripala Sirisena. The judgments given by the benches headed by Mohan Peiris during the past two years will be validated through a motion in Parliament. Though justice was delayed justice has not been denied. We hope those in the judiciary, political leaders and the people will remember, as Mahatma Gandhi said that there is a higher court than courts of justice and that is the court of conscience. It supercedes all other courts.

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Comments - 3

AshyD Saturday, 31 January 2015 07:20 AM

A great and triumphant moment for all Sri Lankans. We should be thankful that 6.2 Million citizens of our country knew where our country was heading under MR, as for the rest, they have to learn from their mistake, and we hope they would think before they cast their vote the next time around.

Thomas Ranger Saturday, 31 January 2015 08:57 AM

Great, really civic conscious. All the very best.

Jagath Edwin Sunday, 01 February 2015 02:56 AM

The 6.2 million you talk of are the Tamils, Muslims, JVP and the those having vengence because they could not get what they wanted.These people will learn very soon of their mistakes and the great harm done to the country niw

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Justice in the court of conscience - EDITORIAL

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