CBK hits out at impeachment motion
Former President Chandrika Bandaranaike Kumaratunga said yesterday the move to impeach Chief Justice Shirani Bandaranayake must be denounced by all who cherish democracy.
“It is our duty to protect the Judiciary because by protecting the Judiciary, we protect ourselves and our fundamental freedoms,” she said and urged government MPs not to view the issue from the narrow perspective of political gain.
A Govt. that wants the Judiciary to act according to its will bodes serious danger to democracy
Ms. Kumaratunga expressed her surprise that a SLFP-led government had decided to follow the J.R. Jayewardene Constitution and Standing Orders rather than amending the Standing Orders and bringing about legislation envisaged in the Constitutional Bill of 2000 presented by a SLFP-led government under her to inquire into the conduct of judicial officers. Some excerpts from Ms. Kumaratunga’s statements:
Under our Constitution, where a motion for the impeachment of the President is passed by Parliament with a two-third majority, the allegations are forwarded to the Su- preme Court for inquiry or report. Thus, the guilt of the President is determined not by the parliamentarians who have made the allegations but by the highest court of the land. A mayor, chairman or member of a local authority can be removed only after a retired judicial officer has inquired and found such person guilty of incompetence and abuse of power and such findings are liable to be judicially reviewed. While a dismissed workman can go before a Labour Tribunal and appeal to the High Court and the Supreme Court, a public officer can appeal to the Public Service Commission and then to the Administrative Appeals Tribunal and if still dissatisfied have recourse to judicial review by the
A government that believes the judiciary must act according to its will and whims, bodes serious danger to democracy and people’s freedoms
Court of Appeal or Supreme Court.
However, under the JR Jayewardene Constitution, judges of the Supreme Court and Court of Appeal who constitute the highest authority that dispense justice to all, have no remedy if justice is denied to them. A government that believes the judiciary must act according to its will and whims, bodes serious danger to democracy and people’s freedoms.