'Those with vested interests should not deter parliamentary process'

By Uditha Kumarasinghe

Deputy Speaker Chandima Weerakkody said it is important for a country to have a judiciary that sets an example. If somebody is trying to prolong a process by various tactics, they are directly or indirectly trying to bring disrepute to the country in the eyes of the international community.

The Deputy Speaker told the Sunday Observer that the Sri Lankan Constitution is not the only Constitution in which Parliament has power to hear allegations against a Chief Justice, Supreme Court Judge or Court of Appeal Judge. There are similar provisions in other Constitutions as well. Therefore as citizens, we have to be mindful of our conduct.There are so many who are looking at us and waiting to obstruct our way forward. These are all third parties who have gone to Courts. What is their ulterior motive? There is a forum created by the Constitution of this country. They should not try to halt proceedings of that forum to gain various hidden benefits.

I believe a majority of the people who resort to such conduct will realize that they should not attempt to halt this process. It is important as citizens, we have to respect the existing law of the country.

We have to think of the country not personal gains. Anybody should not attempt to twist and turn things for personal benefits.

He said as a citizen of this country, we are a duty bound by the nation to respect the existence and co-existence of a system.

When we look at the Articles of the Constitution, specially Article 4 where judicial authority of Parliament is exercised through Courts, tribunals and other institutions. It refer to matters regarding Parliamentary privilege, immunity and power of Parliament. According to the law, Parliament may exercise jurisdiction directly.

The authority of the Speaker to appoint a Select Committee to look into allegations stipulated in an impeachment against the Chief Justice is derived from Articles in the Constitution.

It is defined as the power of Parliament. It is the Parliament that has the power to hear an impeachment as per the provisions of the Constitution. It is clear, if we look at Article 107 of the constitution, it has set out very clearly as to how the proceedings should take place. It refers and sets out the procedure as the law created by Parliament or Standing Orders. There are Standing Orders for this purpose. It is clear that the Parliament has the ultimate authority.

The Deputy Speaker said that there is also a case law of Victor Ivan Vs former Chief Justice Sarath N. Silva whereby Victor Ivan filed a fundamental rights application expecting the removal of a judge. In that case, it has been clearly set out in Article 107 of the Constitution of the removal of a judge. It says " Article 107 (2) provides for the procedure of removing a judge on the grounds of 'proved misbehaviour or incapacity' this is the only way in which a judge who is in office could be removed." As per Justice Wadugodapitiya mentioned in this Supreme Court judgment, "It seems to me that upon a proper construction of paragraphs (2) and (3) of Article 107 and upon the authority of various dicta cited above, that is quite clear that paragraphs (2) and (3) of Article 107 of the Constitution provide the only way in which the Chief Justice (1st respondent) could be removed from office." Justice Wadugodapitiya has also further stated "In the circumstances, the Court has no jurisdiction in proceedings under Article 126 of the Constitution to grant the declaration prayed for by the petitioners." So there is law and Supreme Court judgment to substantiate that position."With all that, I believe a third party coming to Courts to block this process or prolong this process would damage Sri Lanka. There are allegations against the Chief Justice.

The Chief Justice's position is that she is clean. It has to be fair by her and we must allow her to explain and clear herself from those allegations as she has indicated. If we don't probe that, the so-called international community will say our judiciary is corrupt. We must think as a country and expeditiously give opportunity for the Chief Justice to clear herself if she can."

The next meeting of the Parliamentary Select Committee (PSC) on the impeachment of the Chief Justice will be held on December 04.

There was a Supreme Court recommendation issued on Thursday that is prudent that the sittings of the PSC to probe the allegation of the CJ to be differed until a determination is arrived on the matter. But my personal view is that first of all, we have to think as Sri Lankans.

We are a country that is moving forward after 30 years of terrorism. At present, we have a strong Government. We have no other major obstacles which has hindered development, advancement of democracy or improve the living standards of the people.

The country is moving forward in every other field. To realise our goals, we should have a system which is running smoothly. We must also be able to honour and respect the authority that is vested with every institution by the provisions of the Constitution, the Deputy Speaker said.