CJ explains why she walked out

7 December 2012 09:39 am - 60     - {{hitsCtrl.values.hits}}

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Chief Justice Shirani Bandaranayake has walked out of the Parliamentary Select Committee (PSC) in the face of hostile and biased conduct of the government members of the PS so as to ensure the dignity of the judiciary of Sri Lanka, a statement said.

The Chief Justice reiterated that she is innocent of the false charges made against her and is always willing to face any impartial tribunal in order to vindicate herself, a statement issued by Lawyers Collective, an umbrella organization of a numbers of lawyers’ associations and independent lawyers.

Describing the events that led the CJ’s decision to walk out of the PSC, Lawyers Collective stated as follows.  The PSC was requested as far back as November 20 to furnish the information required to reply the allegations. This information was never provided. When the PSC commenced sitting on November 23, 2012, her counsel had had requested that a list of witnesses and a list of documents relied upon in support of the allegations be made available.

It is common knowledge that even in a disciplinary inquiry in the public service or a trivial criminal case that a respondent or accused is furnished with a list of witnesses and documents so that they could prepare for the defence, it observed. The PSC failed to meet this basic requirement at any of its sitting. On Thursday, December 6 about 4pm, the PSC had handed over a bundle of documents consisting of approximately 1000 pages and required the chief justice to respond by 1.30 pm tomorrow, i.e. in less than 24 hours. It was obvious that a majority of the members of the PSC had no real intention to give the chief justice a fair hearing.

In addition to the above, at various stages of the proceedings of the PSC, two members hurled abuse at the Chief Justice and her lawyers and it became evident that these members had been mandated to ridicule the head of the judiciary and the legal profession. The Select Committee was requested numerous times to formulate the procedure that it intended to follow. There was no response to this request until today.

On Thursday, when this request was repeated, the Chairman of the PSC stated that no oral evidence would be led to establish the allegations and, consequently no opportunity would be given to cross examine such witnesses making the allegations. Instead it became evident today that the Chief Justice was expected to refute allegations that had not even been supported by evidence. Such an irregular and unlawful procedure would undermine every single independent judge in Sri Lanka. In almost all instances the same members of the PSC, who were in majority, overruled the submissions made on behalf of the Chief Justice without cogent reasons and often without any prior consultation with the other members.

It is for the above reasons that the Counsel for the CJ had requested to waive the secrecy provisions and sought an open and public inquiry and requested for independent observers to watch the proceedings, but this request was also refused by a majority of the PSC. In the face of the above no right thinking person could any longer continue to accept the legitimacy of a body steeped in partiality and hostility towards the head of the judiciary and in this background the chief justice and her counsel had no alternative but to withdraw from participating in the select committee.

The CJ reiterated that she is willing continue to face any impartial and lawful tribunal as is done in other commonwealth countries as was proposed in the draft constitution of August 2000 in order to vindicate herself and she will continue in her efforts to safeguard the independence of the judiciary, which is a heritage of the people of Sri Lanka, who alone are the sovereign of this country.


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  Comments - 60

  • Dhammika Friday, 07 December 2012 12:41 PM

    SAMAN
    You are perfectly correct .
    All have to UNITE before this ONE FAMILY rule destroys our whole nation.

    Parakrama Abeygunawa Saturday, 08 December 2012 07:32 AM

    Beginning of the era of clowns.no place for Educated

    Sagarika Friday, 07 December 2012 09:45 AM

    We are with u CJ! May the Triple Gem Bless You!

    commando 695 Saturday, 08 December 2012 07:38 AM

    Sterling stuff !!

    Pray tell me why there is reference to the draft constitution of August 2000 - which was not even passed by Parliament -but set on fire by the UNP.

    Kondebandapuchhena Friday, 07 December 2012 09:51 AM

    When your Husband undercut NSB TFC deal why don t you walk out from CJ seat then,,,,,Madem

    Heshan Saturday, 08 December 2012 07:45 AM

    What do you think of the person who appointed a corrupt CJ?

    Heshan Saturday, 08 December 2012 07:47 AM

    And a foreign president too?

    Heshan Saturday, 08 December 2012 07:48 AM

    The difference is this is a kangaroo court?

    Heshan Saturday, 08 December 2012 07:51 AM

    Why did she attend at all then?

    Apsara Friday, 07 December 2012 09:53 AM

    Dear President, kindly raise her case to an International Tribunal rather than put her case to bunch of 'ata' pass ploiticians.

    Cobra Friday, 07 December 2012 12:52 PM

    She's one tough lady, the way to go!

    sam Friday, 07 December 2012 09:52 AM

    Steel lady.. hats off...

    Common man Friday, 07 December 2012 09:54 AM

    who cares. Could you explain what about the ur judgement for justice cases to injutices judgement in the court and who will answer for these affacted people considering ur beniefit

    Jayantha Saturday, 08 December 2012 08:58 PM

    well said.

    Sarwan Friday, 07 December 2012 10:00 AM

    Well done CJ

    Anderezja Friday, 07 December 2012 01:06 PM

    Why would the President want an independent inquiry? Then he will not get what he wants!

    rehsn Friday, 07 December 2012 01:15 PM

    grooming for presidnecy.?gimmik

    Gamaraala Friday, 07 December 2012 10:03 AM

    Not sure if the proceedings of a select committee could be conducted similar to a typical court case. However the Government should have been smart enough to make sure the basic requirements were adequately provided.

    Mervin Aiyya Friday, 07 December 2012 01:20 PM

    What about the Executive?

    MMR Friday, 07 December 2012 10:05 AM

    Well...Well... how do dare you judgers approved the 18th Amendment. these are curse of the people and more to come

    Sonna Boy Friday, 07 December 2012 10:05 AM

    The freedom loving people of SL are with you your Ladyship

    Poirot Friday, 07 December 2012 10:07 AM

    Whether you are innocent or guilty, if current regime thinks that one cannot make dance on their palm they will find a way to wipe them out at any cost. Face the reality.

    patana Friday, 07 December 2012 10:07 AM

    Bravo. But we will have to wait and see how long it is before the CJ is arrested under the prevention of terrorism law.

    Suresh Friday, 07 December 2012 10:10 AM

    We are expecting a strong statement from the European Union shortly regarding this mis handling!

    Anu Friday, 07 December 2012 10:14 AM

    Check with CB cheif before make such comment

    MR Mamaa Friday, 07 December 2012 10:26 AM

    what about your past injustice judgement for your own benifts..who is answer for this now GOD? pls answer

    Barikinda Friday, 07 December 2012 10:26 AM

    Why what about holding that a Military Tribunal is a properly constituted court! Only hope all judges will learn a bitter lesson from this. When you sleep with dogs you get up with fleas!

    SS Friday, 07 December 2012 10:27 AM

    So then prove it man..

    Eng Friday, 07 December 2012 10:32 AM

    CJ = SF,

    same thing will happen to her as well. Opposition made SF a hero now he became a CossEta.

    Paul Albert Friday, 07 December 2012 10:29 AM

    Who are those two who hurled abuse during the proceedings ? please keep those chemelons in mind when they would walk out and plead for porfolios in your future cabinet

    Al Rasa Friday, 07 December 2012 10:39 AM

    CJ is taking cover under the behavior of PSC and in her normal duties in Court all lawyers do the same thing for defendant and respondents in the process of cross examination.

    Muhandiram Saturday, 08 December 2012 03:43 AM

    The PSC looks more like a Kangaroo Court

    gowravi Friday, 07 December 2012 10:45 AM

    very true

    Daya Saturday, 08 December 2012 03:49 AM

    IF THERE WAS NO " DIVI NEGUMA BILL" THERE WILL NOT BE ANY CHARGES AGAINST CJ.

    THIS IS A VINDICTIVE EFFORT BY THE GOVT.

    " APE SRI LANKAWATA DEVIYANGEMA PIHITAI !!! "

    OMG Friday, 07 December 2012 10:46 AM

    Judiciary in Sri Lanka has become a brutal dictator.

    The only solution is to appoint a foreign CJ.

    Janaka Saturday, 08 December 2012 03:52 AM

    CJ is currupt and so are lot of Lawyers in SL. You people can write what you want here and like it 1000 times but this is the truth.

    MR Mamaa Friday, 07 December 2012 10:50 AM

    now her lawyers are helping a lot to protect = This will be resulting when those lawyers bring cases injustice judgment will be given for justice. So who will affect on this public. For the self defence, finappy public will suffer. This is nature going to happen

    mnsmart Saturday, 08 December 2012 03:58 AM

    Kesel gahakata ketuwa wage... what happened to Moosila will be repeated at the parliamentary complex.

    ling Saturday, 08 December 2012 04:07 AM

    Guilty and that is why walk out, only can fool those choose not to see and follow CJ blindy.

    man hatton Saturday, 08 December 2012 12:38 PM

    Sri Lanka is good place for Coons, and underworld.

    man hatton Saturday, 08 December 2012 12:40 PM

    how about you mannnnnnnn???/ are you fruit full.

    Nimal Sanjeewa Saturday, 08 December 2012 01:11 PM

    munta chande deepu apitama thamai madu waligen thalaganna one

    amarasiri siriwarden Friday, 07 December 2012 11:11 AM

    You are an Iron lady fruitful in our country.

    Saman Friday, 07 December 2012 11:18 AM

    Dear all please join hand with SF CJ UNP and JVP to save our country from these rascals

    Ajith Monday, 07 January 2013 01:42 PM

    Mr. President,
    When she say she is willing to be judged by any impartial court, why don't you appoint Weeramanthree to hear the case and all the conspirators will hide their tails.

    save the nation Friday, 07 December 2012 11:21 AM

    Dear Chief justice
    We live in a country where power corrupts the servants of the people, We see instances where judges behave like they are the law reminding the time of kings not very different to politicians.
    Please learn from this experience to be humble to the people you are meant to serve.
    Do not give up the stand against this tyranny. This injustice can not be continued forever. Uphold the constitution in full. That is your duty.

    mohamed Saturday, 08 December 2012 02:01 PM

    mahinda drama countinue this man destroy whole country but one day he will same as Gaddafi of libiya same to you mahinda ans sons

    Sonali De Silva Friday, 07 December 2012 11:29 AM

    Looks like they (PSC) have met their Waterloo. This is what happens when students try to teach the teacher. They obviously don't know if they are standing or sitting.

    Upul Saturday, 08 December 2012 05:35 AM

    Do you hold a husband responsible for his wife's actions? Why are you blaming a wife for her husband's actions?

    Saman Sunday, 09 December 2012 11:43 AM

    All the courts in Sri Lanka are Kangaroo Courts. No disagreements at all.

    Lankann Saturday, 08 December 2012 06:13 AM

    no triple gem will bless you till you start fighting!!!rather than being defensive you have to be offensive aswell!! God Helps those who help themselves

    Gayan Saturday, 08 December 2012 06:10 AM

    Why ?have you applied for a visa from a country in Europe?

    Gayan Saturday, 08 December 2012 06:15 AM

    Now every accused person in the country will walk out citing the same reasons.

    Vincent Saturday, 08 December 2012 06:22 AM

    The CJ was with the regime and made judgements in favoring the regime. For once she stood her ground when the divi neguma bill came. Now the problem is that the government is trying take the place of the judiciary. This must be fought. I hope we will have another episode like in Pakistan when Musharaffe tried o impeach the CJ and the whole legal system came together to kick him out. The independence of the judiciary has to be protected. If CJ has done wrong the Judiciary must punish her, nor parliament for sure.
    Protected.

    Saman Friday, 07 December 2012 12:19 PM

    Can I walk out of a courtroom and make a media statement saying the judges are corrupt?

    We all should observe the things very carefully! It is too early to make conclusions!

    Percy Friday, 07 December 2012 12:27 PM

    Madam CJ, you and General Sarath Fonseka must rule this country. WE will be rid of this tyranical family forever.

    PLs Think-da-truth Saturday, 08 December 2012 07:18 AM

    Her lawyers will earn more hereafter Bcos all of those lawyers cases will be in the wining chances as she can not denied to those lawyers case request. So two things will happen here 1- Justice cases may go Injustice judgement. 2- Injutice cases may go Justice Judgement. So all be benefited....but the innocent people will suffer loosing their money, will not get jutice, time and everything will be wasted

    DASS Friday, 07 December 2012 12:37 PM

    you have a well suited name buddy

    Nodrog Friday, 07 December 2012 12:37 PM

    Kick ass lady! These guys are desperate now and shivering. Don't give up the fight.

    Jeewan Saturday, 08 December 2012 07:19 AM

    Whatevers comments some people make, on the face of it, the bank account transactions of CJ is highly questionable and immoral.


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