Video: Legal procedure on impeachment is blatantly one sided-Ex CJ

1 November 2012 06:30 pm - 45     - {{hitsCtrl.values.hits}}

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Former chief justice Sarath N. Silva said at a media briefing on Thursday that the legal procedure to impeach the Chief Justice was blatantly one sided and fundamentally flawed.

Mr. Silva told a press conference yesterday that this procedure for impeachment was blatantly one sided.

He said investigations into the allegations under the current standing orders were conducted by a Select Committee comprising seven MPs, of whom the majority would be from the government.

“The very people who brought the motion against the Chief Justice will be holding the inquiry against her --  the result of which would be a foregone conclusion. The decision on this inquiry is also going to be taken by the very officials who sit in that committee and, obviously, it will be a decision which the President would want” he said

The former chief justice said that Justice Shirani Bandaranayake was left helpless due to the legal procedure.

This, he said, was because the standing orders stipulating the steps to be taken by Parliament to impeach a chief justice were a hurried list of steps brought forth by J.R. Jayawardena’s government in order to impeach a former chief justice -- Neville Samarakone.

Therefore, he said, the standing orders did not provide for the person who metes out justice to the citizens of this country a chance to be served justly.

“The sword of Damocles is now on the neck of the judiciary. There is no option for the Chief Justice but to follow the process, she has nowhere to go in order to seek justice. The very person who dispenses justice to the people has no place to seek justice” he said.

He said that Chief Justice Shirani Bandaranayake had been subjected to a vicious cycle of revenge.

He said that if there was any allegations against the current Chief Justice, there should have been an independent investigation into the allegations.

Former army commander Sarath Fonseka, who also participated, said he too opposed the impeachment motion as it was an attempt by the Executive to interfere with both the legislature and the judiciary. “What the Executive is doing today is using the legislature to fulfil the objective of taming the judiciary, he said.

He said people’s power should be mobilised to bring about the independence of the judiciary and the legislature. “I shall fully support such a struggle though justice was not meted out to me,” he said. (Yohan Perera and Hafeel Farisz)





Pix by Kushan Pathiraja

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  Comments - 45

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  • Nodrog Friday, 02 November 2012 01:37 AM

    Sarath, please shut up. By your tainted verdict in the Helping H'tota case you single-handedly unleashed the monster which rules us today.

    Premalal Friday, 02 November 2012 01:44 AM

    In the name of common decency the ex CJ should refrain from voicing his opinion. On his own admission he has not upheld the principles of the position he held. He bears heavy responsibility for the present state of the country and its frightening future ahead.

    dev Friday, 02 November 2012 12:00 AM

    you made the mistake, we Sri Lanka's suffering because of your fault. HH via DM Android App

    Kiwi Friday, 02 November 2012 02:26 AM

    Anyway the CJ did not get into the SC through the proper channel. Without a single days practical experience as a lawyer she was foisted to the top court by GLP and CBK buy their influence and not on merrit. Wrongly come wrongly go!!!

    leelananda Friday, 02 November 2012 02:27 AM

    He is talking bullshit after destroying the complete judicial system of Srilanka.

    Mason Friday, 02 November 2012 02:43 AM

    The people of this country have to come forward and oppose the impeachment. This is their last chance for them to preserve a semblance of justice in the country.

    nimal Friday, 02 November 2012 12:00 AM

    look who is talking !! you took the law in your own hands too and now point at others ? via DM Android App

    R.Sunthar Friday, 02 November 2012 02:57 AM

    This is the 3rd attempt.The President was pursuaded to drop it,in the 1st.2nd was a opposition move naturally no chance. This is by the Govt move with steam roller majority.Most of them crossed over having entered on the opposition mandate. Hope saner counsel prevails as in the past not to proceed further.

    PKR Friday, 02 November 2012 03:08 AM

    Big thanks to JRJ and UNP regime now Sri Lanka has constitution with blatantly onesided impeachment procedure. Now it is the law of the land, untill it is changed, you got to upheld and follow it.

    Senaka Friday, 02 November 2012 03:31 AM

    No comment !

    patana Friday, 02 November 2012 03:35 AM

    All hail the King.

    true sri lankan Friday, 02 November 2012 03:43 AM

    Mr. Sarath & Sarath action please ...

    Lobo Friday, 02 November 2012 04:06 AM

    Much like the one-sided decision you made in the Hambantota case.

    Mr.Plod Friday, 02 November 2012 04:15 AM

    What has Ranil and his stooges got to say. By the way Ranil, time to bring the people to the street. Start with you own MPs.

    hawkins Friday, 02 November 2012 06:49 AM

    In appointing the Chief Justice if we follow the traditiion of appointing senior most judge of the supreme court, most of the problems linked to judiciry we experienced today could have been easily avoided.

    xlntgson Saturday, 03 November 2012 03:53 AM

    Hierarchy for fifty years can be listed and hanged on the wall of the parliament entrance, no need for elections and manipulations!

    laksiri Friday, 02 November 2012 07:22 AM

    time to pay let her to pay the price for all dirty work she did and all the name come bendaranayake must go home .silva must arrested and charged for abused of chief justice power.

    laksiri Friday, 02 November 2012 07:23 AM

    go home

    Korale Friday, 02 November 2012 07:24 AM

    When they in power they don't talk about justice. when they don't, they do talk about justice.

    KK Friday, 02 November 2012 07:38 AM

    don't forget it's the masses who gave this majority for government and created a weak opposition.

    Kusu Kusu Kusuma Friday, 02 November 2012 08:08 AM

    As if he doesnt know the meaning of corruption. Only now he is talking. Thotta Baba, Aney,put some Sookiri in his mouth .

    C. Seneveratne Friday, 02 November 2012 08:16 AM

    Chief Justice Shirani Bandaranayake.has nothing to loose, she has achieved
    the top spot in her carrier, Impeachment will not bother her at all. Impeachment
    is a mockery

    bandara Friday, 02 November 2012 08:22 AM

    the shame is on all you "patriotic" voters who did not vote for the right candidates or the party. Blaming the opposition is a convenient way of absolving oneself from the responsibility of bring the wrong people/party to power.

    Mendis Aiya Friday, 02 November 2012 08:50 AM

    So the man who openly said that he had misused his powers to influence cases now shamelessly opens his mouth to preach the good, bad & the ugly.

    conty Friday, 02 November 2012 08:59 AM

    Your statement could be true if all things are equal!!! Honest, law abiding citizens do not have a say in nor will they be considered for such a post because he/she will not bend to the whims and fancies of a dictatorial govt. hence improper people will always be appointed. The former CJ is a typical example, he used his power to squash case against the current ruler, may be for favors. The truth will never be known. I think an impeachment on him is more appropriate. What do you think? After all he did not discharge his duties to uphold the law!!!

    Aneslem Peries Friday, 02 November 2012 09:37 AM

    Without knowing the charges levelled against her ; can anyone comment???. However government shall not do any harm to her if she acts according to the constitution because member of the judicatory shall follow the guidelines of same and give their verdicts without bias to any side regardless of their personnel views.
    Other ways around, the judges are not ‘god fathers’ to dictate their own terms going against the constitution. If any member does a wrong act, it should either be corrected or falling which impeach by the county’s topmost authority called parliament reasonably. If everyone can act knowing their limitations it is good finally to the country and also each other.

    Maina Friday, 02 November 2012 10:39 AM

    She should be thrown in jail for about ten years and her voting rights must be taken away. Otherwise she will become the common candidate. We have our leaders all lined up for the next 50 years, and we dont need these ones.

    Ranjith Friday, 02 November 2012 10:51 AM

    Not really the masses. To break the process masses can't do much. Another mafia type force with external support should reinstate law and order first. Then the masses will have their say.

    Minister Friday, 02 November 2012 12:01 PM

    I wish Mr. Antony Fernando is there to make a comment!

    Praveen Kumarawadu Thursday, 01 November 2012 09:18 PM

    It is too late to cry. Mr Silva you started the rot so better keep quiet and bear up.

    Sri Lankan Thursday, 01 November 2012 09:20 PM

    First of all, you made the mistake in the "Helping Hambanthota" case, what rubish are you talking now ?

    Gawe Thursday, 01 November 2012 09:34 PM

    Mr.Sarath silva and his judgments are responsible for many problems of our country.It was he who legalized MPS changing their selected parties.He has released from the clutches of law a v v i p on sunami fund fraud.After doing so much of harm to the country's democratic systems for the creation of dictatorship the way he talks is mean.

    Surain Thursday, 01 November 2012 09:35 PM

    we all must remember this is the most serious threat to our future genaration. this is much worst than the civil war & deaths we had few years back. unite everyone together as one Sri Lankan fight to protect our judiciary & its independent imparcial process, May God give strength to present CJ & people of my mother land to face the situation.

    Political Illiterate Thursday, 01 November 2012 09:36 PM

    Whatever anyone says, wise, intelligent they may be, once they occupy the great seat in this country of the head of the executive they think they differently and in the name of defending the sovereignty of the people try to resort to get the judiciary to think their way and no other alternate way. This is recent history. To change that, change the executive presidency system and go to westminister cabinet system. This is not a reflection on the incumbant, but the system.

    mahen.siriwardena Thursday, 01 November 2012 10:07 PM

    I whole heartedly agree with SND. The problem is that there is neither a strong opposition within or without Parliament.Further, that the masses should take cudgels against the draconian state is far fetched. They neither understand wholly, what is going on or bother at all as the day to day problems they face out weigh everything else.
    And that's the tragedy.!
    m.s

    harry Thursday, 01 November 2012 10:56 PM

    There is another Ex-CJ who is approving this matter behind the scene as an adviser to the president.

    sl Friday, 02 November 2012 12:00 AM

    This system should be stopped using 1/3 power. will they do it via DM Android App

    ABC Thursday, 01 November 2012 11:40 PM

    From where will the Hero rise to save Sri Lanka?

    toona Friday, 02 November 2012 12:30 AM

    Good to here about some support to the judiciary but the main opposition UNP , the Bar Associations ....they are lost and washed along the heavy rains....
    what a shame UNP and BASL !

    Jalba Friday, 02 November 2012 12:35 AM

    U're yhe main culprit here for each & everything !!!

    xlntgson Friday, 02 November 2012 12:50 AM

    Well! She may be the common candidate!

    upalia Friday, 02 November 2012 01:00 AM

    The CJ who destroyed the democracy talk about the justice to this CJ.

    Mr. Sarath Fonseka: Politics is public service. It is not for me or us or our family. It is for the masses. You should rise above your ownself. Justice not meted out to you, that we all know, does not mean that we should allow it to destroy.

    Jaya Friday, 02 November 2012 01:04 AM

    None of the CJs has done their job with reasonable conduct and with diligence in the recent past. The current CJ has passed 18th amendment to the constitution for MR, Mr Sarath Silva protected MR for misappropriation of Tsunami funds. So no one can point the finger to any other. In addition to Divineguma issue and Z score, CJ's spouse had engaged in illegal transactions - now being investigated. Here there is conflict of interest and sharing confidential information of her husband. To my view she should resign gracefully before being impeached.

    Janaki Kalansuriya Friday, 02 November 2012 01:09 AM

    Perhaps you know how to get SL out of the mess you got it in to! If so, like NIKE, "Just Do It", without all the BS to show us your knowledge about the law!!!!!!!!!!!

    Dhammika Perera Friday, 02 November 2012 01:22 AM

    Dear Sir,
    You are the first one to get blamed. You are the one who creat this monster.
    Do you remember "Helping Hambantota" case. And your final judgement?


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