Huge responsibility devolves on new CJ

It seems that certain countries in the West have ignored the fact that Sri Lanka is a sovereign State with its Government, democratically elected by the people. These countries are under an illusion that Sri Lanka is still a colony. No country has a moral right to call for ‘explanations’ from Sri Lanka on any matter as the Government and its leaders are answerable only to those who elected them.

The masses have reposed implicit faith in the President and the UPFA Government, whose popularity had increased at successive elections due to the people-friendly policies. Moreover, the President and the Government continue to protect the people and the country’s Constitution.

Regrettably, certain bankrupt Opposition politicians, some NGOs which thrive on international funding and unscrupulous lawyers with a hidden political agenda have made a desperate attempt to project a dismal picture of the recent impeachment of the Chief Justice Dr. Mrs. Shirani Bandaranayake.

Some international elements, who are day-dreaming of a regime change in Sri Lanka, have joined the INGO bandwagon to portray a negative picture on the impeachment of Dr. Mrs. Bandaranayake, who had been found guilty of serious acts that are unbecoming of the highly respected post. Do these countries and INGOs, which make a song and dance over the constitutional impeachment of Dr. Mrs. Bandaranayake, approve her conduct of undeclared bank accounts, withdrawing huge funds before the end of each financial year to evade taxes, obtaining a Rs. 1.6 million discount from a company in a case heard before the Supreme Court and several other charges including an indirect change of Bench in a case against her husband?

The entire impeachment process took place according to the Constitution and the Legislature by no means overstepped its limits. On the other hand, Dr. Mrs. Bandaranayake made a shameless attempt to hold on to the post by exploiting the Judiciary which was under her command. With utmost respect to the Judiciary, we wish to categorically state that Dr. Mrs. Bandaranayake stooped to the lowest level to use the Supreme Court and the Court of Appeal, directly under her, to challenge the legitimate and Constitutional acts of Parliament.

The outstanding feature that was evident during the impeachment process and the recent conflict between the Legislature and the Judiciary was the impartiality of the Executive. President Mahinda Rajapaksa stayed clear of the process in Parliament from the day the impeachment motion, signed by 117 Members of Parliament was handed over to Speaker Chamal Rajapaksa.

The Parliamentary Select Committee (PSC) found Dr. Mrs. Bandaranayake guilty of three serious charges and its verdict was given to the Speaker. The PSC decision was approved by an over two-third majority in Parliament and the Speaker conveyed the decision of the Legislature to the President.

Despite certain quarters trying to make out that it was the President who removed Dr. Mrs. Bandaranayake, the Executive had no option, but to respect the majority decision of Parliament. President Rajapaksa only adopted the Constitutional formality of approving the decision of Parliament.

The President is duty bound to honour Constitutional acts of Parliament. This is so, especially when a resolution is approved by an over two-third majority, the President is unable to go against the decision of Parliament. Else, the Members of Parliament could bring in an impeachment motion against the President, whereupon the Executive loses his power to dissolve Parliament. In this instance, the President merely ratified the verdict of the majority Members of Parliament.

No country or international organisation has any right whatsoever to look forward to explanations from Sri Lanka on a Constitutional process. No country should pontificate to us on democracy as the President and the Government have always upheld democracy in the country and the independence of the Judiciary. In the event the Government had not taken that bold decision, the conduct of Dr. Mrs. Bandaranayake would have set a bad precedent to all other judges.

Hence, her impeachment was a rightful and Constitutional move to protect the independence of the Judiciary. Can senior judges who conduct themselves in an unbecoming manner go scot-free, citing the independence of the Judiciary which is not linked to the Constitutional way of punishing a corrupt judge in the Supreme Court or the Court of Appeal? These judges too are accountable to the nation and should respect the Constitution. They cannot do anything they wish and go scot-free under the guise of the independence of the Judiciary.

No country or international organisation has a right to intimidate Sri Lanka on its Constitutional manner of impeaching Dr. Mrs. Bandaranayake. Certain international organisations which supported the anti-Government forces on the pretext of the impeachment and the independence of the Judiciary, have now come to light. They now issue a plethora of statements, coupling the impeachment motion with foreign investments and funding.

They should bear in mind that Sri Lanka had survived the darkest period in its history with barely any support from those who preach democracy and the independence of the Judiciary. It was only Sri Lanka's friendly countries which rallied round it during its relentless battle against terror and not those who now boast about their funding.

It is the duty of those countries which shed crocodile tears over the plight of people in the North and the East during the humanitarian operation to fund the development activities in these two provinces. Those countries which helped Sri Lanka during the 2006-2009 battle against terrorism never meddled in Sri Lanka’s internal affairs. They always respected the country’s sovereignty and territorial integrity and stayed clear of internal matters.

Nevertheless, a few Western countries suddenly became extremely concerned about Sri Lanka’s internal affairs. These countries had been a safe haven for LTTE terrorists though their leaders glibly talk about the need to eradicate international terrorism. It is common knowledge how anti-Government and Opposition activists joined hands with INGOs and LTTE cohorts during the impeachment motion.

It has now been revealed that disgruntled Opposition politicians such as Mangala Samaraweera, who shouts from the rooftops, had a meeting with the London-based Global Tamil Forum (GTF) in the UK, an LTTE front organisation. The GTF spokesman Suren Surendiran had confirmed the meeting with the UNP Parliamentarian.

It is abundantly clear that those who attempted to use Dr. Mrs. Bandaranayake as a scapegoat had done so purely to achieve petty political goals. They were supported by local NGO agents and a couple of foreign missions here. Their sole goal was to seek a regime change in Sri Lanka as the present regime could not be overthrown in a democratic manner as the masses strongly support the President and the Government.

These organisations resort to anything and everything in a desperate bid to form a Government that would dance to the whims and fancies of the West. People should understand this stark fact and protect Sri Lanka from external forces.

Local NGO agents should give up their lust for dollars and the Opposition should explore democratic means to win the hearts of the masses, rather than joining INGOs and Tiger cohorts. Internal problems should be settled democratically and constitutionally, instead of leaving room for international elements to creep in.

The Opposition should settle its score here in a democratic manner rather than seeking the help of sinister foreign elements and LTTE cohorts. It is our earnest hope that the new Chief Justice, Mohan Peiris would safeguard the independence of the judiciary and not permit Hulftsdorp to be exploited for political and personal agendas, as indulged in by his predecessor.

He has a huge responsibility to rebuild the confidence and faith in the Judiciary that had been eroded to a large extent due to the unbecoming conduct of Dr. Mrs. Bandaranayake.