‘CJ has committed blunders unbecoming of an high official’

Dr Nath Amarakone-Founder President OPA

Reference letter by S L Gunasekera to the President Bar Association, copy of which has been sent to me, I wish to add some comments that may interest professionals in the OPA.

I agree with SL that the CJ has committed blunders that an official of this high position should not have done.

As the Chief employee of the Judicial arm of the government, she has to work closely with the other two components of the government, the Legislature, and the Executive, to promote public interest. On failure to do so or for abuse of her office, she is liable to be subjected to disciplinary inquiry instituted by the employer under the procedures laid down in the Constitution as it stands. Impeachment is the due process laid down in the Constitution to bring her to heel as she does not realize this situation on her own. I cannot see how she can continue to occupy her position of responsibility any longer if the trust and confidence of the employer is lost.

S L Gunasekera

Chief Justice, Dr. Shirani Bandaranayake

It is clear that by getting undue publicity in the media to her misdemeanours she has sought political support that has brought disrepute to the Judiciary, The insidious activities of some members of the legal fraternity such as dashing coconuts and chanting Pirith that appear to be childish and gullible pranks, purported to be in support of her seem to aggravate this situation and not bring solace to her.

The present situation is that after appearing before the PSC on two occasions she has abandoned her defense on the ground that she has no confidence in the PSC. This has precipitated a situation that qualifies for another impeachment action. If she anticipated this situation she should have resigned in the first instance to qualify for all perks and pensions after retirement. The legal harangue by legal luminaries in respect of the PSC and the Standing Order 78 A are a mere academia that has been debated the world over on many similar occasions. This cannot save the CJ or the loss of credibility in the Judiciary. The disciplinary procedure followed by the Speaker is in line with the law and practices followed in similar cases in this country as well as in more advanced countries.

Our legal fraternity has to realize that the CJ as the Head of the Judiciary is an employee of the Executive arm of the government. While her judgments have to conform to laws, her interpretations of Laws, inclusive of the interpretation of the Constitution, must be in public interest to promote the programmes of the government. We cannot forget that it is the government that is eventually responsible to the people as it has to seek a fresh mandate at any election under the democratic process. The checks and balances enshrined in the Constitution are sacrosanct and apply to CJ as well.

Now that the PSC has put up its report to the Speaker holding the CJ guilty on three counts, the only recourse open to the CJ is to resign even now or be dismissed in another months time.

Any follow up action by the legal fraternity as suggested by SL is to court disaster by loss of their license to practice and/or loss of clientele. This is also not in public interest or stability of the country.

The NGOs drumming up war crimes against the government for ending a thirty year terrorist war and the rump of the LTTE acting as the Tamil Diaspora from Western countries would be delighted to sponsor any such move. I do not consider that the OPA should play any role in this move.