Daily Mirror (Sri Lanka)

CBK hits out at impeachmen­t motion

- BY SUSITHA R. FERNANDO

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.

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