Law Professors on impeachment:

PROCESS IS CONSTITUTIONAL

* Attempts being made to mislead country

* Present Standing Orders introduced by an earlier govt

Priyanka Kurugala

The procedure followed in the current impeachment of the Chief Justice is fully in accord with the present constitution although various distortions and misrepresentations are made by certain elements to mislead the country, Colombo University Prof Prathibha Mahanama Hewa said.

Colombo University Prof Prathibha Mahanama Hewa addressing the Press at the Sri Lanka Foundation Institute yesterday. Prof Ven Kumburugamuwe Vajira Thera and Kelaniya University Mass Communication Head Rohana Lakshman Piyadasa too participated. Picture by Sanath Peiris

He said the procedure for impeachment is clearly laid down in the Constitution and no international organisation or the UN can accuse the state of violating the law, he said.

“It is completely wrong to politicize the issue,” he told a press conference at the Sri Lanka Foundation Institute yesterday. He said they considered it their duty to make the people aware of the correct situation in this regard.

“The impeachment is proceeding according to the laid down law. The responsibilities of the executive, judiciary and legislature have been clearly defined in the 1978 constitution”, he said.

According to the Sri Lankam constitution Parliament has the authority to take up and proceed with the impeachment. The Parliamentary Select Committee will present their findings to the Speaker”.

This is in keeping with the laid down procedure as stipulated in the constitution. Nobody is working against the law”, he emphasized. Mahanama Hewa also noted that complaints have been sent by the Asian Human Right Commission and others against the impeachment. “We have to work according to the law of our country or the UN will be the first to accuse us of acting illegally”, he said.

He also said all ministers, MPs and high ranking officials should declare their assets. If not the Bribery Commission should be asked to investigate such individuals.

When the impeachment was presented against former Chief Justice Neville Samarakoon , R. Premadasa was included in the Select Committee.

At present Ranil Wickremesinghe too is a member, he said. He noted that the present Standing Orders were introduced by a previous government adding that if such Standing Orders had to be changed this should have been done before such issues cropped up. “This is not the time to speak against the impeachment of the Chief Justice before steps are first taken to amend the Constitution,” he said.

Kelaniya University Mass Communication Head Rohana Lakshman Piyadasa said the present laws were introduced by the British and they had to follow this legal system.”

If not international organizations as well as UN will accuse us”. Prof Ven. Kumburugamuwe Vajira Thera also spoke.