Power spares none Not even the Judiciary

President Rajapaksa, exerting his considerable talent to deal with populist pressure claimed that, despite the government driven impeachment process finding  Lanka’s Chief Justice culpable on certain charges, he would act ‘according to his conscience’ and appoint an ‘independent committee’. Later it was assumed to further inquire into the findings handed down by a majority of the Parliamentary Select Committee (PSC).

Many believed that this statement by the President gives an opening for a fair inquiry with the help of international liberal and democratic forces, who were eager to make such proposals in order to canvass support from the President.

 However, the present impeachment is a monstrosity and has no relevance to impeachments generally considered anywhere, anytime. Hence this shameful impeachment cannot be reversed through a supposed ‘independent committee’ appointed by the President.

In the present circumstances, it is not possible for any legal luminary of erudition or distinction to agree to serve on it.

In the classical bourgeois society any departure from accepted ethical and moral standards of an honorary judicial person of authority would be subjected to a discourse in the professional judicial legal society. It may arise in private discussions and then become an open issue in the professional society.

Nevertheless it will be considered a problem of honour and not a lowly criminal issue. Thus the attempt will be to resolve it within the legal judicial professional society, the law society, in a gentlemanly manner.

Political rulers will be pushed to bring an impeachment if it is not resolved within the professional society. Impeachment is only a symbolic call for resignation and inevitably the honorable judge will resign without going through an inquiry involving outsiders to the profession.

The proposal that the issues of the Chief Justice can only be resolved through strict adherence to a new inquiry process with constitutional guarantees of fairness that she is entitled to is irrelevant to the problem as it is.

 The activism displayed by, not only Sri Lanka’s Provincial Bar Associations but also the entire judicial society of lawyers and judges, has been astounding.

The united voice of the Bar was demonstrated by the record numbers that turned up for the general meeting. Their voice culminated in the passing of three resolutions including an unequivocal assertion that the Bar would not welcome a new Chief Justice if this unjust impeachment is proceeded with. Anti-impeachment contenders dominate the entire judicial- law society. Their consensus is very evident when we see that legal pundits of various political and philosophical views, such as SLG, Sumanthiran, Jayampathi, Weliamuna and Wijedasa Rajapakshe are in one voice support the CJ.
In such a scenario what is the purpose of a new inquiry local or otherwise?

The retaliation of the Mahinda regime to this situation has amazed the democratic elements world over. The attempt to divide the Bar Association; the attack on the President of the Colombo Magistrate Court Lawyers’ Association, Wanninayake Gunarathne; the disgraceful  decision to withhold funds from the UNDP for the annual conference of judges; and  the attack on the residence of the President of the Bar Association, Presidents’ Counsel and Member of Parliament Wijedasa Rajapakshe are obviously intended to send a message to lawyers and judges.

The message is clear; even the judicial society is subject to attacks by goons if they stand in the way of governments’ plans.

So if anyone seriously thought that the talk of an independent investigation by Mahinda could be real, now is the time to distance oneself from such folly. The regime wants one thing; that is to bypass the 13th amendment and implement the Divi Neguma at any cost. The Mahinda regime is tied to the IMF and the western powers to show a real way to collect funds from the masses, in order to pay back the money it borrows. Its attempt to take over provident fund money is only very partially successful due to the resistance shown by working masses.

Hence they cannot accept resistance of any kind to this project. Mahinda has entered the battle field this time, to teach the opposition what real state terror is. Unfortunately today he is confronting not just Tamil plebeians but the resenting masses of the entire country!