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Sunday, 16 December 2012

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Wimal, Dayasiri and Sajith sing at Speaker’s dinner

President Mahinda Rajapaksa hosted his monthly breakfast meeting with media heads at Temple Trees on Thursday.

He looked relaxed and friendly when answering questions fired by newspaper editors and heads of radio and television networks, mostly on the impeachment motion against Dr. Mrs. Shirani Bandaranayake.

“When you don’t have news, I host this meeting,” the President said warmly welcoming the media heads as usual. Associated with the President were Ministers Basil Rajapaksa, Anura Priyadarshana Yapa, Keheliya Rambukwella, Susil Premajayanth, Mahinda Samarasinghe, Wimal Weerawansa and Dilan Perera.

When an editor questioned on the reported verbal abuse of Dr. Mrs. Bandaranayake at the proceedings of Parliamentary Select Committee (PSC) by certain members, Ministers Dilan Perera and Wimal Weerawansa suggested that they would let none other than Minister Anura Priyadarshana Yapa, who served as the Chairman of the PSC, answer the question.


President Mahinda Rajapaksa at the breakfast meeting with editors

He was a few minutes late for the meeting. “Where is the Chairman” the President asked and minutes later Minister Yapa joined the discussion. He flatly denied those accusations and said the PSC went out of its way and treated the Chief Justice with due respect.

Some of the PSC members present at the meeting said that Dr. Mrs. Bandaranayake was given a Rs 1.5 million discount on a house she purchased. They said that this was stated by an official of the Ceylinco group of Companies (allied to the Golden Key company), testifying before the PSC.

They said that this company official had been asked by PSC members why the discount was given, and he had said simply, ‘because she was hearing cases that involved our company and we thought it fit to do so.’ However, she never stood down from the Bench though she got that discount,” a PSC member said.

“This was a clear case of misdoing, and as for not declaring assets, it is a jailable offence, the PSC members added.

“She could have been blackmailed on the basis of this alone and the integrity and independence of the judiciary compromised,” the President said. The President said at the breakfast meeting that the highest standards were expected from the Judiciary - more so than from a Member of Parliament who has to face the voters, which is why the CJ should have stood down until her name was cleared.

The President stated that in the US a judge was impeached once, simply because his wife had been repeatedly hosted to lunch by a company whose cases the judge heard.


Dayasiri Jayasekera

PSC member Minister Wimal Weerawansa said the CJ was doing all this while hearing the Golden Key case, and that this was after all a case that was about the hard earned money of very ordinary depositors. She was holding such litigants to ransom - by purchasing discounted houses from the same concern.

All of a sudden, the head of a TV station wanted to know whether the US President Barrack Obama had intervened on behalf of the Chief Justice. “Was there a telephone call from the US President in this regard?” he asked. “No, there has not been any such calls in recent times,” the President said.

The President and several PSC members said that Dr. Mrs. Bandaranayake is playing a political role with the backing of several NGOs and political parties, that was totally unbecoming of her position. PSC members said the people cannot expect impartiality and justice from her as she is dancing to the tune of NGOs and political parties.

They said walking out of the PSC investigating process was contempt of the Legislature, and her disdainful act of spurning PSC in violation of the constitution and her actions after the impeachment motion was moved, was more than enough to impeach her again.

They said Bandaranayake has begun close fraternal relations with politicians and members of the NGO mafia who have either been accused, or convicted by a Supreme Court Bench presided by her. They pointed out that the post of Chief Justice is totally independent and her relations with the persons who were either accused or convicted by the superior court which she heads, is a violation of the expectation of judicial independence.

The President said NGOs were behind this entire subversive campaign, and it was obvious. The President said J. C. Weliamuna, lawyer and NGO agent has already reserved 200 rooms in a prominent city hotels to provide accommodation for his confidantes, who would be engaged in subverting the government through the impeachment issue, and he was doing this as he could not stop the war, which he valiantly tried to do until the LTTE was defeated. “Call the hotel and check this,” he said.


Sajith Premadasa

The President said some other prominent persons holding top posts came to him, and said that they were embarking on a political role.

They removed their uniforms before taking to politics as civilians, and that credit had to be given to them - but Dr. Mrs. Bandaranayake is apparently doing the same while still holding office.

Another head of a radio station then wanted to know about this weekend’s Colombo Night Races. “Some roads have been closed,” he alleged. “Ask the Colombo Municipality, they are the people who have granted permission,” he said.

However, the President said the Colombo Night Races would help to promote tourism and would boost local travel industry. “Why you don’t like sports, to watch motor racing? I think you should,” he suggested in a friendly manner.

There were loads of questions from newspaper editors and heads of TV and radio channels. Secretary to the President Lalith Weeratunga who kept a close tab on time then suggested wind off, stating that the breakfast is getting cold. Even during the breakfast session, media heads sought clarifications from the President on various issues and the First Citizen obliged to all of those.

Speaker’s dinner party

The UPFA Government flexed its muscles once more as the 2013 Budget was passed with a majority of 101 votes over the last weekend.

It was a clear signal to the Opposition that the strength of the Government could never be challenged in the near future and that the Opposition will have to find a new strategy to show their presence felt. Speaker Chamal Rajapaksa hosted his customary dinner for Parliamentarians after the 2013 Budget was passed.

Opposition Leader Ranil Wickremesinghe left the party early as he had to attend another function.


Wimal Weerawansa

However, there was greater enthusiasm among parliamentarians of both the Government and the Opposition as President Mahinda Rajapaksa walked in.

“How are you doing? Perhaps you have to sing today as well,” the President said looking at UNP Parliamentarian Dayasiri Jayasekera and NFF leader, Minister Wimal Weerawansa.

They readily obliged saying “How could we refuse when the President requests”. They sang several popular songs as Ministers and parliamentarians, irrespective of their political affiliations, joined in, singing and clapping.

Parliamentary Affairs Secretary to the President Kumarasiri Hettige then proposed UNP Deputy Leader Sajith Premadasa’s name. “Sir, I entirely forgot. We have another good singer in Sajith Premadasa. He too sings well. He generally sings Neela Wickremesinghe’s popular number Master Sir,” he said.

“Sir, it seems to be a futile exercise. It seems to be that Sajith would never get his rightful place, though he pleads through that song,” Minister Mahindananda Aluthgamage suggested. Minister Jagath Pushpakumara too endorsed this view.

Sajith then sang his favourite number and on conclusion came near the President to share a world. The President then inquired about his mother and former First Lady, Hema Premadasa. “Thank you very much, she is keeping fine,” Sajith replied.

Many parliamentarians questioned Ranil about the recent Convention of the UNP at which he was able to extend his term by another six years. But Ranil kept his cool and answered all those questions.

“You must be feeling happy and relieved after the Convention,” Minister Weerawansa told the UNP leader. “Yes of course, I always make it a point to be happy,” Ranil replied.

Maithri’s ‘healthy’ battle

Health Minister Maithripala Sirisena has embarked on a dual battle to cleaniup the health sector and improve its efficiency while creating a healthier nation.After making thorough investigations on corrupt officials and cancelling a tender, Minister now cautions people on excessive sugar intake.

Minister Sirisena urged all Sri Lankans to cut down their sugar intake by 50 percent and enjoy long life. Minister Sirisena said if a person fell on the road in a rural area, the entire village gathers around him or her and takes the person to the nearest hospital for treatment. But if the same thing happens in an urban area, nobody look at the fallen person. Nobody come forward to assist him/her or her or to take that person to a hospital.

If people understand the reality of life, they will not behave in this manner. Minister Sirisena expressed those views during a ceremony held in Colombo on Friday to mark the National Health Week.

He pointed out that certain people did not report to work on December 12 thinking that the world is going to end. Some were expecting darkness to descend on December 12 and stayed at home without going out. All the people want to live longer in good health. “That is why they work all 365 days earning money.

But they carry a heavy burden with them which has a drastic impact on their health, he said. “There are 1.3 million public servants at the moment and many of them carry a heavy burden on their shoulders. A relaxed mind gives a healthy life. If people live knowing and thinking that they will die one day, they will be able to live a healthy and long life,” Minister Sirisena added.

SC fixes written submissions for Dec 18

The three-Judge Bench of the Supreme Court on Friday fixed for December 18 written submissions in respect of the 12 petitions referred by the Court of Appeal for an interpretation in connection with the impeachment of Chief Justice Shirani Bandaranayake.

The interpretation sought by the Court of Appeal in respect of the petitions would be conveyed in due course. The Bench comprised Justice Nimal Gamini Ameratunge, K. Sri Pavan and Priyasath Dep.

“Justice Nimal Gamini Ameratunge described the impeachment motion as a right of the Members of Parliament. The Bench is very concerned about the red line,” he observed. Attorney General Palitha Fernando continuing his overnight submissions said that the impeachment of a Judge is a disciplinary procedure set up for a specific purpose. Appointing of a Parliamentary Select Committee (PSC) is a matter for the Speaker. The PSC should not function as a court of law. Quoting Lord Denim, he said that “ It has to be a fair inquiry”. “Judges of apex court (SC) and the Court of Appeal are not equal to any other citizen.Original jurisdiction of the matter rests with the Court of Appeal. Interpretation should be for a specific purpose,” he submitted.

In terms of Article 125 of the Constitution, the Supreme Court has the sole jurisdiction of interpretation. “Interpretation must not affect the rights of another party.”

He reiterated that there had been no proper reference to the Supreme Court by the Court of Appeal. There is no question before the Supreme Court.

Parliament is given the legislative power for the purpose of passing legislation. Apart from that,Judicial power has always being with the courts. Prof. H.M Zafrulla appearing for an intervening petition referring to the Standing Orders of Parliament submitted that an outside body cannot comment to Parliament about Standing Orders. We cannot go to the Ultra Vires of Standing Orders in keeping with the doctrine of harmony. The power to remove a Judge lies with the Legislature under Article 107.

Lecturers laud President’s decision

If UN Secretary General Ban Ki Moon could appoint a committee on Sri Lanka without UN approval as he did with the Darusman panel, there is no reason President Mahinda Rajapaksa cannot appoint an independent committee to advise him over the report of the impeachment motion on Chief Justice Dr Shirani Bandaranayaka, Colombo University senior lecturers have pointed out.

They said, President Rajapaksa’s recent decision to appoint an independent committee to further study the report presented by the Parliamentary Select Committee that probed articles of allegations signed by 117 MPs in Parliament to impeach Chief Justice Dr Bandaranayaka, was one of exemplary to the democratic world.

The decision will stand to preserve the dignity of the judiciary and the rule of law, they said. “Nevertheless, it appears that some political sections have been criticizing the President’s decision on technical points, such as whether there had been any doubts in the mind of the President about the Parliamentary Select Committee that probed the charges of impeachment against Chief Justice Dr Shirani Bandaranayaka,” said Colombo University Sociology Department Senior Lecturer Jagath Wellawatta.

President Mahinda Rajapaksa’s decision to appoint an independent committee over the impeachment motion against Chief Justice Banadaranayaka has pacified the masses against a possible unrest which certain political and NGO elements have been trying to create in the country over the past few weeks by using the situation of the impeachment trial of the Chief Justice, he added.

“It is saddening that we do not get to hear from these sections that raise such concerns do not seem to raise any concern about the charges leveled against the Chief justice of financial fraud and professional misconduct.”

“She has failed to declare her assets fully that alone is enough to remove the Chief Justice Dr Bandaranayaka from office.”

“She has failed to provide details of her bank accounts. She had purchased a house belonging to the Ceylinco group. She had said she paid for it with a cheque whereas the Notary in Public who wrote the deed of this transaction had said that the Chief Justice made her payment in cash,” said Wellawatta.

“Can those lawyers and politicians come forward and say that they do not admit the existence of such instances?” he asked. “One must not forget that Chief Justice Dr Bandaranayaka walked out of her impeachment hearing without disproving any of these charges,” she added.

“It was sad to see that those who have opposed the impeachment hearing, only show up to criticize members of the PSC and they do not say anything about the seriousness of the charges involved in the case,” he pointed out. The Opposition , for example have been saying that the Chief Justice was given very little time to disprove 14 charges that have been leveled against her. They have been saying that the CJ was given as little as twelve or thirteen hours to defend herself against 14 charges. Even if the trial had taken for six months they would have said that the trial was unfair, he pointed out.

 

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