Can corruption be condoned?
The Janatha Vimukthi Peramuna
(JVP), which is governed by the law of the jungle, is now weeping
buckets of tears over the independence of the Judiciary.
The JVP, true to form, faulted President Mahinda Rajapaksa as he
intends to appoint an independent committee to seek expert opinion on
the verdict of the Parliamentary Select Committee (PSC) on the
impeachment motion against Chief Justice Shirani Bandaranayake.
Having examined the verbal and written evidence against Dr. Mrs.
Bandaranayake, the PSC has found her guilty of charges 1, 4 and 5.
Although the charges 2 and 3 have not been proved, the PSC had decided
that in view of the very grave nature of the charges 1, 4 and 5 it would
be a futile exercise to seek evidence to convict her on charges 2 and 3.
The PSC, in its verdict on December 8, declared that charges 1, 4 and
5 have been proved and the serious nature of such charges warrant her
dismissal from the post of Chief Justice.
The charges levelled against Chief Justice Bandaranayake include over
20 undeclared bank accounts in the assets and liabilities, taking over
the Ceylinco case heard by another Bench, buying an apartment from the
company on Ceylinco Attorney papers, undeclared foreign currency
deposits to the tune of Rs. 34 million and Rs 19,362,500 in undisclosed
funds.
President Rajapaksa said on Tuesday that an independent committee
will study further the report submitted by the PSC before he takes any
final decision on the matter.
The President told a ceremony after opening the new building of the
Institute of Chartered Accountants in Colombo that he would seek the
advice of an expert panel and take the right decision in keeping with
his conscience.
This indeed is a sincere and candid statement from the country’s
First Citizen, a lawyer himself, by profession. Unlike earlier leaders
during UNP regimes, President Rajapaksa has always upheld the
independence of the Judiciary. Although some UNP leaders show
extraordinary concern about the Judiciary, it was the UNP regime under
J.R. Jayewardene which humiliated the Judiciary by getting its goons to
pelt stones at judges’ residences.
In the present scenario, the President need not appoint any new
committees or seek advice as Dr. Mrs. Bandaranayake could be impeached
with a simple majority in Parliament following the PSC verdict.
Nevertheless, the President is keen on making the process more
transparent as he has nothing to conceal.
This is precisely why the President decided to seek the advice of an
expert panel so that he could take the right decision that would mete
out justice to one and all. As an illustrious leader who had won
successive mandates from the masses and knowing the people’s pulse,
President Rajapaksa would seek the advice of another expert committee
for the purpose. There is no legal obligation on the part of the
President to appoint such an expert committee, but he is determined to
do so to arrive at the most appropriate decision after the PSC verdict.
The President’s exemplary act is worthy of emulation.
In point of fact, it was the Opposition which originally demanded
that action be taken against the corrupt deals of Dr. Mrs.
Bandaranayake's husband, the former Chairman of the National Savings
Bank (NSB) who was accused of controversial transactions to buy shares
of The Finance Company.
The Opposition, initially, lodged a complaint with the Bribery and
Corruption Commission which was unknown to the Government. The
Opposition later said that taking legal action against the then NSB
chairman was insufficient as his wife holds the senior most post in the
Judiciary and expressed its reservations over an impartial judgment.
The JVP is now making a shameful attempt to misinterpret what
President Rajapaksa had said and his decision to seek the views of an
independent expert panel.
Parliamentarian Anura Kumara Dissanayake and his JVP cohorts fail to
realise that the masses have not forgotten their notorious track record.
The JVP, which had reposed more faith in the bullet rather than the
ballot, made two unsuccessful bids to overthrow the democratically
elected government through armed struggles.
Certainly, one cannot rule out the possibility of the JVP resorting
to it again. They know only too well that the masses have rejected them
lock, stock and barrel. Even its minuscule vote base is fast eroding as
people have realised their true colours.
Does the JVP have a moral right to wax eloquent on the Judiciary as
they themselves introduced the law of the jungle during their 1988/89
era of terror? They butchered many political, social and religious
leaders in broad daylight, declared unofficial ‘curfews’ and torched
many State properties, including SLCTB buses. The JVP, which now makes a
song and dance over farmers’ problems, set many regional agrarian
centres ablaze.
Such an unlawful bunch of hardcore criminals who had brutally
massacred many distinguished leaders are now pontificating on the
independence of the Judiciary. It is evident that the JVP is only
attempting to gain some political mileage out of the situation for its
survival.
Sarath Fonseka is no different. These are the self-same people whose
political nudity has been fully exposed at each and every election. They
are deeply cognizant of their gloomy political future. The JVP is now
exploiting every avenue to put its political agenda in motion.
Simultaneously, the reactionary forces against the Government are
throwing in their weight over the impeachment motion. The traitors who
did their damnedest and made every effort to capture power at any cost
during the 2010 Presidential election are again at work to make the
optimum use of the impeachment motion to achieve their hidden agendas.
The LTTE rump, a section of the Tamil Diaspora, some Western
politicians and those who thrive on INGO funding are all out to belittle
Sri Lanka’s heroic 2006-2009 battle against terrorism. These sinister
elements are also capitalising on the impeachment motion against Dr.
Mrs. Bandaranayake and the PSC verdict.
Dr. Mrs. Bandaranayake is perhaps not aware of the real motive of
these traitors and NGO agents who are out to exploit her case to achieve
their narrow political goals. With all due respect to the office of the
Chief Justice, the Judiciary and Parliament, we wish to stress that the
current course of action against Dr. Mrs. Bandaranayake is a
disciplinary hearing against a senior most judicial officer in the land
and not against the office of Chief Justice.
This is not even remotely connected with the independence of the
Judiciary. Moreover, the Government has taken many steps to uphold the
independence of the Judiciary. Do the lawyers who shout themselves
hoarse at Hulftsdorp expect Parliament and the Executive President to
turn a Nelsonian eye on the improper conduct of Dr. Mrs. Bandaranayake?
The serious charges levelled against Dr. Mrs. Bandaranayake are
abominable to say the least. It is further aggravated when the country's
Chief Justice is enmeshed in such scandals. Such unbecoming conduct
would undoubtedly cast a slur on the Judiciary.
It is an open secret that Dr. Mrs. Bandaranayake had been granted a
special discount of Rs. 1.6 million when she purchased an apartment from
Trillium Residences under the power of attorney given to her by her
sister in Australia. The non-declaration of assets and liabilities and
being biased over the legal action against her husband at the
Magistrate’s Court in Colombo and the other two charges against Dr. Mrs.
Bandaranayake have been proved by the PSC.
The street demonstrations by lawyers and press conferences held by
opportunist politicians in the Opposition would in no way help exonerate
Dr. Mrs. Bandaranayake.
Those in the legal fraternity and Opposition politicians should not
consider the PSC findings as something against the Judiciary. This is
chiefly against acts of corruption, dishonesty and improper conduct.
The demonstrators should bear in mind that the impeachment motion
against Dr. Mrs. Bandaranayake is by no means against the office of the
Chief Justice or the Judiciary.
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