CJ Impeachment :
PEOPLE’S POWER THROUGH PARLIAMENT
Dharma Sri ABEYRATNE
* PSC has to abide by Standing Orders PSC has to abide by Standing
Orders
* CJ treated with due respect
Parliament has exercised the people’s power vested in it by the
Constitution in entertaining the impeachment motion against the Chief
Justice , Minister Dilan Perera said. He was addressing a media
conference organised by the People’s Movement for Justice in Colombo
yesterday. He said impeachment is the only means of acting against
misconduct of a Chief Justice. That power is vested in Parliament under
Section 107 of the Constitution.
Responding to a journalist Minister Pavitra Wanniarachchi said that
the impeachment was taken up by Parliament no sooner Parliament was made
aware that the Chief Justice was liable for various acts of misconduct
that were not in keeping with the high office she held at the apex of
the judiciary. Minister Perera refuted allegations by various segments
including the Opposition that the CJ was not given enough time to
prepare her defence before the Parliamentary Select Committee. The
Minister mentioned that the time frame has been clearly mentioned in the
Standing Orders and they as members cannot violate these guidelines.
The Standing Orders related to the impeachment was drafted during and
UNP government under the direction of then Prime Minister R Premadasa.
In terms of the Standing Orders the PSC is given only one month to
inquire into the allegations contained in an impeachment.
In accordance with the constitution and the Standing Orders an
impeachment has to be inquired into within a given time frame and can
not be dragged on. However, the CJ was given 22 days out of 30 days to
respond to the charges before the PSC. The CJ although maintaing there
was insuffuicient time made representations twice before walk out of the
proceedings . On the first occasion she addressed media through her
lawyers before she faced the PSC. But she requested more time to answer
the charges. Minister Perera observed 22 days ,was a reasonable time for
the CJ to respond. He said no one who signed the impeachment motion was
a member of the PSC . He flatly rejected allegations of the opposition
that the persons who tabled the impeachment were inquiring into the
charges .
As a member of the PSC, he would catagorically state that no member
acted in any way disrespectful of the CJ.” All the time everyone acted
in a respectful manner considering the High office she held”. The
Minister further added that the CJ was treated as a VVIP when she
arrived in Parliament. She entered Parliament through an entrance
reserved only for VVIPs such as the President, foreign leaders etc.
Minister Wanniarchchi said the impeachment procedure was conducted and
carried out 100 percent constitutionally. The Government is duty bound
to protect and safeguard the constitutional rights of the legislature. |