Impeachment justified, confirms legal fraternity

Ishara MUDUGAMUWA

Eminent members of the legal fraternity were of the opinion that the impeachment motion against the Chief Justice now handed over to the Speaker is totally justifiable, and above board. Gomin Dayasiri, Attorney-at-law said that in the same way that an average citizen complains to the police if harmed in any way, the government, when wronged, has the right to petition the legislature (Parliament) to obtain redress.

He said this is precisely why there are constitutional provisions to take action against errant Supreme Court Justices - and Chief Justices.

Jayatissa de Costa, senior Attorney-at-law was of the opinion that Parliament has the exclusive right to move against a Supreme Court judge. He said that the sovereignty of the people in the form of judicial power is exercised through Parliament by the judiciary.

He added that in any event, no Supreme Court judge can be got rid of arbitrarily, and that the constitution in Article 107 contains provisions about the process to be observed, under the heading of ‘independence of the judiciary.’

The Chief Justice can hold office as long as there is no moral turpitude on his/her part or abuse of office, and a majority of the Members of Parliament can vote to impeach a Chief Justice, but this is only after a rigorous process that precedes with several steps to be observed before such action is taken.

This newspaper also carries on page 6 an opinion by the External Affairs Minister that no judge is above the law, that clearly sets out that judges cannot, as per the constitution, abuse the power of office.

Meanwhile, youth Affairs and Skills Development Minister Dullas Alahapperuma invited all political parties to discuss the impeachment motion against Chief Justice Shirani Bandaranayake. Addressing the media yesterday, Minister Alahapperuma said the impeachment motion against the Chief Justice which contains seven charges was handed over to Speaker Chamal Rajapaksa. “Speaker Rajapaksa will examine the validity of the charges and take action,” the minister said.

Alahapperuma said the government never wants to interfere with the judiciary and the motion was handed over to the Speaker based on the misconduct allegations against her. “This is not the first attempt to impeach a Chief Justice in Sri Lankan history.

During the period of R Premadasa and Ranil Wickremesinghe, we experienced these types of incidents,” he said.

“Some people who said the attempt to impeach former Chief Justice Sarath N Silva was legal and can be done under the constitution, now say the attempt to impeach Chief Justice Shirani Bandaranayake is illegal.

All political parties should discuss the issue and give their comments,” the minister said.