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Sumanthiran arguing for the CPA petition showed that the illegitimate impeachment process led to a fraudulent appointment to the office of Chief Justice against which legal challenges were a necessity. This type of conflict within the judicial setup could seriously erode public faith in the institution of the judiciary and its capacity for independence from the political system. On the other hand the petition brings to light the ridiculous situation that arises from the existence, in effect of two Chief Justices – one whose removal was declared unlawful and is therefore invalid and the other whose appointment thus becomes simply a fraud. Obviously the Mahinda regime cannot go on with this absurdity. They plan to reverse the court rulings to legitimise the new regime at Hulftsdorp, and the Government believes it could put an end to the anarchy created by their own folly in the judiciary.
But this erasure of history by the ruling administration would only ever make a difference domestically, where it is becoming almost impossible to stall the regime’s constant and concerted consolidation of power, at the virtual exclusion of all other national concerns. However an effective opposition has come into the scene with the formation of the Protest of the Opposition -Vipakshaye Virodhaya (VV). Media and civil society, at least important sections, have fought hand in hand with the Protest of the Opposition to stop the march of the regime. It is important to note that Sumanthiran is an active supporter of the Protest of the Opposition and he has grown to be a challenging lawyer in the category of Dr Colvin, Nadesan and Muttetuwegama. A judiciary effectively cowed by the government’s political thuggery can only be saved by such fearless lawyers devoted to justice and fair play.
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| M.A. Sumanthiran |
Opposition Leader Ranil Wickremesinghe was making a liberal challenge when he extended his support to the Summit being held in Colombo during his meeting with Secretary General Sharma. Ranil in the recent past used this tactic of forwarding a liberal way out to the President and claimed support of the Opposition for any democratic steps taken. He made a similar suggestion in the CJs issue as well. It exposed the limited nature of the regime. If a so called democratic government cannot make use of a simple liberal democratic way out proposed by a helpful Opposition Leader, then the government is beyond redemption and needs to be overthrown by the people’s mass action. His support came despite the Opposition Leader’s repeated affirmations that the government had violated Commonwealth principles by its impeachment process and even warned that the country could face expulsion from the grouping if it did not desist! The UNP Leader’s offer on the issue is rooted simply in the necessity to expose the inability of the fascist styled regime to consider democratic suggestions. That means radical and revolutionary steps are necessary to go forward. On the other hand when the government moves into further trouble by rejecting the offer of the Opposition, the former automatically becomes the traitor who allowed the global powers to intervene making use of the lack of democracy as a human tragedy.