PARLIAMENT IS SUPREME. CHIEF JUSTICE SHIRANI BANDARANAIKE SHOULD HAVE RESIGNED BEFORE IMPEACHMENT MOTION – IS HER CONDUCT A DISGRACE TO THE JUDICIARY ?
By Dr.Telli C Rajaratnam
The very appointment was a questionable. She was appointed because an astrologer had said that she is a Buddhist and not to appoint Former AG Mohan Peiris because he is a Catholic. Comedy of errors. The wrong people are appointed to vital offices what a disgrace. Astrologers decide the fate of this beautiful isle? Not so. These are ramblings of disgruntled politicians.
She should not have sought an appointment for her spouse as Chairman of the National Savings Bank. Moreover when there was a pending inquiry against her spouse, she should have resigned.
How many more judges are there with her and like her to disgrace the Judiciary?
Perhaps none?
The Constitution states:
Independence of the Judiciary
Appointment and removal of Judges of the Supreme Court and Court of Appeal.
107. (1) The Chief Justice, the President of the Court of Appeal and every other Judge, of the Supreme Court and Court of Appeal shall be appointed by the President of the Republic by warrant under his hand.
(2) Every such Judge shall hold office during good behaviour, and shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of Members of Parliament (including those not present) has been presented to the President for such removal on the ground of proved misbehaviour or incapacity :
Provided that no resolution for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity.
(3) Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of such an address, including the procedure for the passing of a such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of such Judge to appear and to be heard in person or by representative.
Acting Appointments.
109. (1) If the Chief Justice or the President of the Court of Appeal is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from Sri Lanka or any other cause, the President shall appoint another Judge of the Supreme Court, or of the Court of Appeal, as the case may be, to act in the office of Chief Justice, or President of the Court of Appeal, respectively, during such period.
Independence of the Judiciary Appointment and removal of Judges of the Supreme Court and Court of Appeal.
107. (1) The Chief Justice, the President of the Court of Appeal and every other Judge, of the Supreme Court and Court of Appeal shall be appointed by the President of the Republic by warrant under his hand.
(2) Every such Judge shall hold office during good behaviour, and shall not be removed except by an order of the President made after an address of Parliament supported by a majority of the total number of Members of Parliament (including those not present) has been presented to the President for such removal on the ground of proved misbehaviour or incapacity:
Provided that no resolution for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of Members of Parliament and sets out full particulars of the alleged misbehaviour or incapacity.
(3) Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of such an address, including the procedure for the passing of a such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of such Judge to appear and to be heard in person or by representative.
Acting Appointments.
109. (1) If the Chief Justice or the President of the Court of Appeal is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from Sri Lanka or any other cause, the President shall appoint another Judge of the Supreme Court, or of the Court of Appeal, as the case may be, to act in the office of Chief Justice, or President of the Court of Appeal, respectively, during such period.
The due process of the Law will oust the person holding the post of Chief Justice. The whole judicial system stinks. It is common knowledge but no one speaks about it. Where is justice?
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A brilliant exposure by Telli Rajaratnam.
As a peace loving citizen, I do agree the CJ should have not accepted nor continued with her job with mutiple sources of likely conflict of interests.
If her son’s words ” My mother believes in this country and it’s people. She has been a citizen of this proud country for 54 years and have dedicated almost 32 years in various capacities for this country. The country has not betrayed her. It’s people have not betrayed her.” are true and an honest portrayal of the CJ, every citizen of this country expects her to resign gracefully and spare us the pain of the impeachment and the events precipitated by the impeachment.
Mahinda Chinthanaya is on a roll and is unstoppable. All impediments in its path will be decimated similar to the fate of the World’s most “powerful” LTTE.
Hon Basil Rajapaksa’s micro-economic reforms brainchild contemplated via the Divi Neguma Bill will drive the nation towards sustinable economic prosperity. The pettiness of Saravanamuttu (the US$ sponsored HR activist) and Sumanthiran (proxy LTTE Agent) should be irradicated without a trace so that the Sri Lankan nation and Sri Lankan Citizens will be emancipated.
By the way, the Divi Neguma Bill offers the best rehabilitation options to war widows and IDP’s in the North and East. Such micro-economic options cannot be made available via the existing Provincila Councils. It appears foreign interests and the TNA are not happy becuse true reconcilliation via the Div Neguma initiative will drive the population in the North and East towards Mahinda Chinthana.