SLFPPA express dismay over double standards of legal fraternity

Chaminda PERERA

The Sri Lanka Freedom Party Professional Association (SLFPPA)expressed dismay as to why some segments of the legal fraternity have double standards over the process of appointment and removal of Supreme Court judges including the Chief Justice in conformity to the country’s Constitution.

Senior Lawyer Shantha Herath questioned why these lawyers say the appointment of the Parliamentary Select Committee(PSC) to investigate into the 14 charges against the Chief Justice is inconsistent with Clause 107 of the Constitution. He was speaking at a press conference organized by the Sri Lanka Freedom Party Professional Association at the Western Province Governor’s Office in Colombo yesterday.

He said lawyers should analyze the impeachment motion and the procedure started in Parliament with regard to it from the legal perspective and dashing coconuts or organizing protests against the established law of the country will not do.

Herath added that these lawyers accepted that the appointment of Justice Shirani Bandaranayake to the Supreme Court in 1996 is in conformity to Clause 107 of the Constitution though they say that the process that is being followed to investigate into allegations against the Chief Justice under the same clause is unconstitutional.

He said that the Chief Justice Shirani Bandaranayake was not a practicing lawyer nor had she worked at the Attorney General’s Department before she was appointed to the Judiciary. “She came to the highest court of the country from the Colombo University where she was a senior lecturer”, he said.

Herath said that an Appeal Court Judge who had 37 years experience in the judiciary was next in line to be appointed as Supreme Court judge at a time when Bandaranayake was brought to the apex court. He said that sovereignty lies in the people. “It is the people who have the right to appoint representatives of their choice”, he said. Herath said the PSC has all rights to investigate into the charges against the Chief Jusitce as it has been appointed under the Standing Orders of Parliament “The Chief Justice can go before the PSC and prove her innocence”, he said.

Herath said former Speaker Anura Bandaranaike had given a ruling in Parliament that the Legislature is the highest institution in the country which represents the sovereignty of the people and no institution can dictate terms to it.

Western Province Governor Alavi Mowlana and Senior Lawyer Bandula Wellawala were also present. Meanwhile, a top banking official commenting on this issue said if the Chief Justice of the country has committed a wrong deed, she should be Constitutionally removed, setting an example to others. “If not it would create a bad precedent,” he said.

“If there are allegations against her, the Parliamentary Select committee should deal accordingly.

“A Chief Justice of any country should have an unblemished track record and should not have any questionable dealings,” he said.