Last Updated : 29-08-2014 21:55

 

 
 

CJ explains why she walked out

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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 

 
-22+191 # Sagarika 2012-12-07 15:15
We are with u CJ! May the Triple Gem Bless You!
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-13+165 # Sonali De Silva 2012-12-07 16:59
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.
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-11+110 # Nodrog 2012-12-07 18:07
Kick ass lady! These guys are desperate now and shivering. Don't give up the fight.
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-9+12 # Lankann 2012-12-08 11:43
no triple gem will bless you till you start fighting!!!rath er than being defensive you have to be offensive aswell!! God Helps those who help themselves
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-294+53 # Kondebandapuchhena 2012-12-07 15:21
When your Husband undercut NSB TFC deal why don t you walk out from CJ seat then,,,,,Madem
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-20+160 # Anu 2012-12-07 15:44
Check with CB cheif before make such comment
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-18+96 # SS 2012-12-07 15:57
So then prove it man..
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-7+61 # DASS 2012-12-07 18:07
you have a well suited name buddy
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-40+15 # Janaka 2012-12-08 09:22
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.
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-3+23 # Heshan 2012-12-08 13:15
What do you think of the person who appointed a corrupt CJ?
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-4+21 # Upul 2012-12-08 11:05
Do you hold a husband responsible for his wife's actions? Why are you blaming a wife for her husband's actions?
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-22+178 # sam 2012-12-07 15:22
Steel lady.. hats off...
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-16+194 # Apsara 2012-12-07 15:23
Dear President, kindly raise her case to an International Tribunal rather than put her case to bunch of 'ata' pass ploiticians.
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-6+59 # Anderezja 2012-12-07 18:36
Why would the President want an independent inquiry? Then he will not get what he wants!
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-70+10 # Common man 2012-12-07 15:24
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
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-15+153 # Sarwan 2012-12-07 15:30
Well done CJ
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-5+55 # Gamaraala 2012-12-07 15:33
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.
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-6+72 # MMR 2012-12-07 15:35
Well...Well... how do dare you judgers approved the 18th Amendment. these are curse of the people and more to come
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-8+74 # Barikinda 2012-12-07 15:56
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!
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-13+93 # Sonna Boy 2012-12-07 15:35
The freedom loving people of SL are with you your Ladyship
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-7+63 # patana 2012-12-07 15:37
Bravo. But we will have to wait and see how long it is before the CJ is arrested under the prevention of terrorism law.
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-8+107 # Poirot 2012-12-07 15:37
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.
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-5+60 # gowravi 2012-12-07 16:15
very true
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-16+67 # Suresh 2012-12-07 15:40
We are expecting a strong statement from the European Union shortly regarding this mis handling!
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-12+7 # Gayan 2012-12-08 11:40
Why ?have you applied for a visa from a country in Europe?
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-59+19 # MR Mamaa 2012-12-07 15:56
what about your past injustice judgement for your own benifts..who is answer for this now GOD? pls answer
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-5+37 # Paul Albert 2012-12-07 15:59
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
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-61+25 # Eng 2012-12-07 16:02
CJ = SF,

same thing will happen to her as well. Opposition made SF a hero now he became a CossEta.
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-46+13 # Al Rasa 2012-12-07 16:09
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.
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-61+20 # OMG 2012-12-07 16:16
Judiciary in Sri Lanka has become a brutal dictator.

The only solution is to appoint a foreign CJ.
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-5+29 # Mervin Aiyya 2012-12-07 18:50
What about the Executive?
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-3+7 # Heshan 2012-12-08 13:17
And a foreign president too?
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-47+15 # MR Mamaa 2012-12-07 16:20
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
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-10+43 # amarasiri siriwarden 2012-12-07 16:41
You are an Iron lady fruitful in our country.
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-3+2 # man hatton 2012-12-08 18:10
how about you mannnnnnnn???/ are you fruit full.
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-16+58 # Saman 2012-12-07 16:48
Dear all please join hand with SF CJ UNP and JVP to save our country from these rascals
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-8+57 # save the nation 2012-12-07 16:51
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.
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-34+20 # Saman 2012-12-07 17:49
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!
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-3+10 # Heshan 2012-12-08 13:18
The difference is this is a kangaroo court?
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-0+0 # Saman 2012-12-09 17:13
All the courts in Sri Lanka are Kangaroo Courts. No disagreements at all.
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-16+36 # Percy 2012-12-07 17:57
Madam CJ, you and General Sarath Fonseka must rule this country. WE will be rid of this tyranical family forever.
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-1+0 # Jayantha 2012-12-09 02:28
well said.
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-9+37 # Dhammika 2012-12-07 18:11
SAMAN
You are perfectly correct .
All have to UNITE before this ONE FAMILY rule destroys our whole nation.
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-8+41 # Cobra 2012-12-07 18:22
She's one tough lady, the way to go!
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-16+14 # rehsn 2012-12-07 18:45
grooming for presidnecy.?gimmik
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-5+13 # Muhandiram 2012-12-08 09:13
The PSC looks more like a Kangaroo Court
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-4+12 # Daya 2012-12-08 09:19
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 !!! "
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-4+8 # mnsmart 2012-12-08 09:28
Kesel gahakata ketuwa wage... what happened to Moosila will be repeated at the parliamentary complex.
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-16+10 # ling 2012-12-08 09:37
Guilty and that is why walk out, only can fool those choose not to see and follow CJ blindy.
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-4+6 # Heshan 2012-12-08 13:21
Why did she attend at all then?
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-7+3 # Gayan 2012-12-08 11:45
Now every accused person in the country will walk out citing the same reasons.
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-4+17 # Vincent 2012-12-08 11:52
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.
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-9+4 # PLs Think-da-truth 2012-12-08 12:48
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
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-10+4 # Jeewan 2012-12-08 12:49
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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-1+16 # Parakrama Abeygunawa 2012-12-08 13:02
Beginning of the era of clowns.no place for Educated
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-2+2 # commando 695 2012-12-08 13:08
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.
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-1+11 # man hatton 2012-12-08 18:08
Sri Lanka is good place for Coons, and underworld.
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-3+13 # Nimal Sanjeewa 2012-12-08 18:41
munta chande deepu apitama thamai madu waligen thalaganna one
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-0+0 # mohamed 2012-12-08 19:31
mahinda drama countinue this man destroy whole country but one day he will same as Gaddafi of libiya same to you mahinda ans sons
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-0+0 # Ajith 2013-01-07 19:12
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.
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