RELIGIOUS LEADERS CALL FOR JUSTICE
The Congress of Religions, represented by the leaders of all major religions has called for justice for Chief Justice (CJ) Shirani Bandaranayake and urged the President to set aside the impeachment against the CJ.
Signed by Buddhist, Christian, Muslim and Hindu religious leaders including Dr. Ittapane Dhammalankara Anunayaka Thero, Prof. Bellanwila Wimalarathana Anunayake Thero, Maduluwawe Sobitha Nayaka Thero, Dr. Brahammanawatte Seevali Nayaka Thero, Archbishop Dr. Malcom Cardinal Ranjith, Bishop Duleep De Chickera, Archbishop Emeritus Dr. Oswald Gomis, Rev. Ebenezer Joseph and representatives from Muslim and Hindu religious leaders, the statement noted that the attempt to impeach the CJ was another instance of the breakdown of law and order in the country.
Following are excerpts of the appeal:
It is a matter of grave concern to the people of the country, that the government through the accusations levelled against the Chief Justice seems to have convinced itself that the CJ has not lived up to the standards of personal integrity expected of her. Since this is a very serious matter, the government has the equally grave responsibility to ensure that adequate evidence is provided to prove these charges and at the same time follow scrupulously the procedures stipulated in the Constitution for this kind of action. Until pro-
The government appears to have been motivated more by a series of decisions of the Supreme Court in recent times, which went contrary to its expectations, than by a prima facie case for impeachment
ven fully no party in a case stands convicted of a charge. It seems to us that on both counts there are serious deficiencies. Regarding the first the government appears to have been motivated more by a series of decisions of the Supreme Court in recent times, which went contrary to its expectations, than by a prima facie case for impeachment. If that be the case, the independence of the Judiciary, which is a cornerstone of a democratic polity and the last bastion of Justice for the people, will be in grave jeopardy. Regarding the second, the speed with which the government has proceeded up to now to impeach the Chief Justice, gives rise to a justifiable suspicion about the motivation of the govt. in this matter. The fact that she has not been given adequate time to respond and prepare her defence - time usually allocated even to ordinary litigants in regular Court cases, is unfair. Is that due to political consideration?
Even more worrying is the rejection by the government of the recom- mendation of the Supreme Court to postpone the commencement of impeachment proceedings, until it has made up its mind on the constitutional competence of a Parliamentary Select Committee (PSC) to make a judgment on the charges against the CJ. We appreciate the conciliatory gesture of the Supreme Court to avoid a direct confrontation with the legislative.
But unfortunately the government has refused to accept that gesture and gone ahead. This naturally gives rise to the suspicion that the Govt. is not neutral with regard to the outcome of the case, but is patently seeking a judgment in its favour, somehow or the other.
This step denies the fundamental principle of the separation of powers between the legislative, the executive and the judiciary. While we accept the principle that the legislative authority resides with the Parliament, the independence of the judiciary to correctly apply the laws, without interference or hindrance becomes important.
In a globalised world in which countries are coming to be more and more connected, no country can ignore the impact of its standing vis-a-vis the world. While we accept the freedom of a Sovereign State to manage its own affairs, we also have to realise that we have to abide by norms of governance and the requirements of natural justice and human rights accepted by the community of nations. If we disregard them with impunity, the consequences can be serious.
Already Sri Lanka has come under the spotlight of the international community with regard to its record on human rights to the context of the 30 year war. This would be thus and adding of fuel to the fire.