Monday, November 5, 2012

Impeachment: Minsters shout, Lawers septical

Cannot allow judiciary to govern – Dilan
CJ’s personal bank accounts under probe
‘Attempt to impeach CJ after failing to win over her’ - S.L. Gunasekara
Fair trial for CJ problematic - Gomin Dayasiri

Cannot allow judiciary to govern – Dilan 

The Judiciary cannot be allowed to govern states the Minister of Foreign Employment Promotion.

‘ What would be the outcome if the Judiciary start to govern.   We cannot allow it. We who were voted in  by you will be there to protect your rights, the minister said.

Parliamentary peer cannot be tampered with. Judiciary has the power to interpret parliamentary laws. But its is Within certain limits.  When you go beyond these limits and intervene in parliamentary matters, it means an attack on the people’s rights.  We cannot allow this, according to the Minister.

Tbere is no connection  between the Divineguma Bill and the impeachment Motion brought against  the C.J. . Although we have handed over the impeachment motion, the Divineguma Bill decision will follow later, the minister further said.
SLM

CJ’s personal bank accounts under probe

An investigation is underway into personal bank accounts of chief justice Shirani Bandaranayake, said a government minister.

The minister told Mirror that the bank accounts in question have been raised in the impeachment motion against her as well.

According to the minister, the CJ had paid Rs. six million and obtained a house worth Rs. 26 million from a controversial company, and there is no evidence to indicate she had paid the balance due.

Also, the CJ had removed Supreme Court judge Shirani Thilakawardena from hearing a case against this particular company and acted in favour of the said company, added the minister.
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‘Attempt to impeach CJ after failing to win over her’
- S.L. Gunasekara

Senior lawyer S.L. Gunasekara has said the government was trying to impeach chief justice Shirani Bandaranayake after failing to win over her.

He has told ‘Ravaya’ that he thought the CJ, appointed by the president, had given fair judgements.

Her husband was given the chairmanship of the National Savings Bank in order to win her over, but after the attempt failed, an impeachment was brought against her.

Mr. Gunasekara warned that this would give a wrong picture to the outside world.

The Bar Association is collecting signatures to a petition to convene a general meeting to discuss the impeachment.

The UNP, at its working committee meeting five days ago decided to take part in the parliamentary select committee and ensure justice for the CJ.

TNA MP Suresh Premachandran said this was an indication and a warning that anyone opposing the government, including the judiciary, would be stopped.

JHU’s Udaya Gammanpila said the charges against the CJ were of serious nature, and that parliament has the powers to remove judges in the higher courts.

President’s counsel Srinath Perera said the authoritarian executive, in an attempt take over all the powers under it, was trying to destroy the judiciary which has come in its way.

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Fair trial for CJ problematic - Gomin Dayasiri

 Expecting a fair trial will be a problem by a parliamentary select committee that will probe the impeachment against chief justice Shrani Bandaranayake due to the existence of a legislature governed by the executive, said senior lawyer Gomin Dayasiri.

He has told BBC Sandeshaya that no one could be proud of the conduct of both the executive and the judiciary.

The executive should not have offered a top post at a state institution to the husband of the CJ, and the position should not have been accepted either.

The senior lawyer blamed both sides for the situation, but said the Judicial Service Commission was more in the wrong.

The judiciary should have accepted an invitation for talks by the president and raised their issues with him, said Mr. Dayasiri.

Also, it is the judiciary that should have dealt with had parliamentary provisions had adversely affected the judicial process.
SLM