People's power is supreme
The ongoing hearing of the
impeachment motion against Chief Justice Shirani Bandaranayake is a
matter for the Parliamentary Select Committee (PSC) appointed by
Parliament for the purpose. Now that the PSC has presented its Report to
Parliament and the Chief Justice has been found guilty of three charges,
she will have to face the consequences.
The media has no right whatsoever to report on the PSC proceedings or
comment on the outcome of the PSC probe though it could express the
people's views. Nevertheless, it has the right to expose those elements
that resort to unconstitutional means to realise their selfish ends.
These undesirable elements, both local and international, who
daydream of a regime change in Sri Lanka, are trying to put their
agendas in motion under the guise of the independence of the judiciary.
They are making a desperate attempt to project a gloomy picture by
alleging that the independence of the country's judiciary is at stake.
The impeachment motion against Dr. Mrs. Bandaranayake is a
constitutional right of the Members of Parliament and the current
process revolves round just one person - the Chief Justice in this
particular instance. It is not against the judiciary and does not in any
way challenge or disrespect other judges.
When a judge of the Supreme Court or Court of Appeal acts in a manner
which is unbecoming of the highly respected judiciary, bringing in an
impeachment motion is the only constitutional way to deal with such a
person. Hence, there is no doubt whatsoever that the PSC, which probed
the charges against Dr. Mrs. Bandaranayake, is well within the
constitutional right of the legislature.
There have been several serious allegations against Dr. Mrs.
Bandaranayake and she initially followed the right course of action by
facing the PSC hearing. But her subsequent withdrawal on Thursday after
failing to defend herself set a bad precedent. Her failure to defend
herself and prove her innocence could cast a black mark on the
judiciary.
At the same time, one cannot condone the action of the INGO mafia,
which is doing its damnedest at Hulftsdorp. There were several notorious
faces amongst the protesters who gathered at the Supreme Court Complex
premises in support of Dr. Mrs. Bandaranayake on Tuesday. Perhaps, even
the Chief Justice herself may be unaware of these sinister elements who
are now trying to gain undue advantage of the situation.
Certain bankrupt Opposition politicians and INGO goons who are
funding them are working round the clock to exploit the situation and
project a dismal picture before the international community. Political
Lilliputians such as Sarath Fonseka, who is incapable of even retaining
his party seniors and rejected by the masses in toto, have nothing else
but to use these protest campaigns to steal the limelight.
In contrast, the Leader of the Opposition, Ranil Wickremesinghe has
set an example by declaring that the impeachment motion hearing should
be confined to Parliament. Organising protest campaigns against the
impeachment motion in and around the Supreme Court Complex sets a bad
precedent.
Several lawyers were seen openly threatening policemen on duty at the
entrance of the Supreme Court Complex on Tuesday morning. They virtually
took the law into their hands and overruled the police decision by
opening the gates to their goons. This was to facilitate full media
coverage of the 'departure ceremonies' of Dr. Mrs. Bandaranayake. Thus,
some lawyers with INGO links perhaps got their goons to hold protests
against the impeachment motion.
It is needless to state that an impeachment motion against a chief
justice is a constitutional right of the members in the legislature who
are elected by the masses as their representatives. Hence, do lawyers
have the right to protest against any move within the constitutional
rights of the legislature which is superior to the judiciary?
Be it lawyers or anybody else for that matter, nobody should be
permitted to undermine the supreme right of the country's legislature.
The aspirations of the masses are reflected through their elected
representatives of Parliament who are accountable to the people who
voted for them.
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, which is unbecoming of a Chief Justice.
Do the lawyers who shouted themselves hoarse at the Supreme Court
premises on Tuesday against the impeachment motion for a moment think
that Dr. Mrs. Bandaranayake has immunity against these allegations which
are of a serious nature? Do they expect her to be absolved of these
charges?
Even the handful of people who air tainted views against the
impeachment motion are doing so on sympathetic grounds. But they little
realise that the INGO agents and elements which resort to undemocratic
means to capitalise on this situation to achieve their petty goals.
It is an open secret that the impeachment motion and the PSC
proceedings are being used by INGO goons and those with vested interests
to sling mud at a people-friendly Government which has won fresh
mandates from the masses consecutively. They are acutely aware that such
a strong Government could not be thrown out by democratic means. Hence,
they resort to other options to gain power at any cost.
President Mahinda Rajapaksa's political sagacity and his fearless
stance in the battle against terrorism would have perturbed certain
leaders in the West. When a leader from this part of the world is not
prepared to dance to the tune of the West, they insidiously attempt to
groom a puppet leader who would be loyal to them. Understandably, the
ongoing impeachment hearing is an ideal opportunity for them to project
a dismal picture and mislead the international community.
All loyal and patriotic citizens should understand this grave threat
and looming danger. The possibility of the LTTE rump funding such
campaigns, to coincide with the impeachment motion, too cannot be ruled
out. These anti-Sri Lanka forces, a well-knit network, is exploring
every possibility for a regime change and install in office a leader who
would dance the fandango round them.
This is certainly not the time to put one's political agendas in
motion. We should not leave any room for shady characters in the West
and the LTTE rump to exploit the impeachment motion and project a
negative picture.
Since Dr. Mrs. Bandaranayake had conducted herself in a manner which
is not in keeping with the most respected position in the judiciary, she
should at least now step down before being impeached. Since the PSC has
found her guilty, she could now be impeached with a simple majority in
Parliament.
People should desist from expressing their private view in this
matter as the PSC, led by Minister Anura Priyadarshana Yapa, has made
its findings. The charges levelled against Dr. Mrs. Bandaranayake are of
an extremely serious nature. She may naturally have her own side of the
story in defence. Her fate, however, depends on the PSC's verdict.
There is no point in challenging a constitutional process such as an
impeachment motion against the Chief Justice, or even against the
Executive for that matter. If the Executive President, who is directly
elected by the people, too could be impeached by a motion in Parliament,
we fail to see the logic as to why a few hundred lawyers and their goons
should make such a big hue and cry over an impeachment motion against a
Chief Justice facing serious allegations.
The Judiciary is supreme when it comes to judgments within its legal
framework. But in this instance, Parliament is supreme as the members of
the Legislature have every constitutional right to impeach the Executive
President or the Chief Justice if there are charges against them. The
people's power should be supreme at all times.
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