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Saturday, 15 December 2012

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The political relevance of the impeachment saga is one thing, but the coverage of the issue in national media is an entirely different matter. On Thursday, the President along with some of his key ministers who were members of the Parliamentary Select Committee (PSC) hearing charges against the CJ Shirani Bandranayake, met Editors of national media.

The PSC members spoke on several issues. A great deal dwelt on the procedural aspects of the entire impeachment saga. These matters were duly covered in the national media. It was reported with a certain almost palpable sense of palm-rubbing glee that the independent commission spoken of by the President was only procedural etc.

But, if a reader compared the coverage in this newspaper of that event for instance, with most of the other national dailies particularly of the English language press, he might wonder whether those from the other newspapers covered an Editors meeting held in a different planet.

None of the significant coverage in the national media dwelt on the cardinal revelation by the members of the PSC that the Chief Justice of this country had availed herself of a 1.5 million discount on a purchase of a house from the Ceylinco group of companies, whole allied company Golden Key was the respondent party to some very crucial litigation in her court.

The readers of this newspaper are aware of the story, and there is no need for repetition here. National dailies however chose to scream about the independent panel and similar matters, though omitting to articulate by so much as a whisper, the under-oath testimony of a Ceylinco official about the CJ purchasing a discounted house from Ceylinco. Also, not one word of mention about the fact that Minister Wimal Weerawansa asserted that it was the hard earned money of the depositors who sweated abroad for their small fortunes that the CJ was holding to ransom, by a cosy deal with the crashed and now embattled company.

No, the story did not have to be the front page headline in national dailies, if an informed decision was taken by whoever ran the institutions that other procedural concerns took priority over the story on the discount. But, not one single front page mention, not one front page paragraph in the entire national media about the1.5 million discount while CJ was hearing the Golden Key case?

Yet, omitting to mention key pieces of the conference proceedings with the editors didn't prick any consciences, judging by what some of the newspapers that reported these events had as editorial comment.

Said some that the President of this country had repudiated the PSC report, dropped it as if it was a hot potato. If a mere solicitation of a second opinion constitutes an act of abandonment, doctors will have to ask their patients 'if you want a second son, does that mean that you are rejecting your first-born boy ...?'

Asking for a second opinion is something that is done out of an abundance of caution, and as the President explained, it is part of regular process, and is not in the nature of some extraordinary decision to reject Committee investigations.

The President is a lawyer. 'An abundance of caution' is something that students of the law are familiar with to the point of being bored with that expression. But, that is how it is -- an abundance of caution is prescribed in law, and it is regular above-board practice.

But to the newspaper men and women of Sri Lanka, apparently, a second opinion is equivalent to an abortion, it seems.

Again, it is worth some extra stress on the point that nobody is advising the media - - at large - - about the placement of their stories. But, if there is such a dire need for slant, does the slanting have to be so conspicuous?

Particularly, when there is no mention of the fact that the CJ by walking out of the Select Committee process may have accepted all charges against her by default. Even the most sympathetic in Geneva for instance would be hard put to accept that she didn't present a case for exoneration, at the available forum, purely due to the cited reasons of 'process.'


 

Appointment as SC Judge contrary to law

Impeachment – Charge 9:

An Impeachment containing 14 charges against Dr Shirani Bandaranayake the Chief Justice of Sri Lanka signed by many Members of Parliament had been handed over to the Speaker. As there were no sufficient number of signatures to the Impeachment submitted against President Premadasa, M H Mohamed without accepting refused the same.

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JUDICIAL review: Absent in US constitution, should it be in ours?

Prior to 1787, state courts in at least seven of the thirteen states had engaged in judicial review and had invalidated state statutes because they violated the state constitution. The most extensive discussion of judicial review was in Federalist No. 78, written by Alexander Hamilton, which clearly explained that the federal courts would have the power of judicial review,

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On tour, take environment with you

The key players in the environment-friendly tourism business are the government (both Central and Local), the developers and the operators, the visitors, and the local community. Each one of them has to be sensitive to the environment and local traditions and follow a set of guidelines for the successful development of environment-friendly tourism. In addition, non-governmental organizations and scientific and research institutions also have to play a key role in the development of environment-friendly tourism,

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