PSC members, not Judges but investigators - Part
II :
CJ playing into hands of international saboteurs
Views expressed
by National Freedom Front Leader and Construction, Engineering Services,
Housing and Common Amenities Minister Wimal Weerawansa, on the
Impeachment motion against the Chief Justice.
Don’t we expect that moral duty from people holding high posts. That
is where the problem lies. When the UNP tried to bring in an impeachment
it was published in the Ravaya paper. JVP Parliamentarians said in
Parliament that her husband’s name was the same as the name of the NSB
Chairman. They said his wife is in such a high post in the Judiciary and
asked whether it is correct to hold such a post.
This clearly shows where this clash started. By getting the request
made with good intentions in writing they went public alleging that
pressure is being exerted. It was announced for the world. Did the
public ask the CJ whether there is pressure exerted on her. No. It was
announced to the international community. What is the intention behind
it? What is the need. To show that there is no law and order in Sri
Lanka.
To say that ‘Sri Lanka has no ability to conduct an independent
investigation on war crimes. There is interference and pressure on the
Judiciary. There is no independence.’ There is no reason to say it but
the CJ created a reason in her capacity as JSC Chairman by getting the
JSC Secretary to issue a statement to show the world that they were
summoned for a discussion to exert pressure. If this is not an
international contract then what is it.
Did the people of this country ask the CJ whether she met the
President.
Some people are asking her whether I am dreaming. Is the distribution
of 1,000 US Dollars each among journalists, delivering of lectures by
NGO operatives and the resolution before the UNCHR in Geneva and plans
are afoot by US to bring another resolution in March mere dreaming on my
part? We see these problems and challenges when we look at the whole
picture. I said that if she is a dignified lady she should tender her
resignation.
It did not happen. She is occupying the highest post and presiding
over matters related to her husband’s case. Will the husband’s case be
heard properly? Aren’t these problems for those in the legal sector
today? I told you that she came to the PSC to show that there is no
clear procedure. Their other plan was to file cases in Courts against
the PSC through other parties. Notices were issued to members of the PSC
to appear in Court. The Speaker gave an order saying those summons were
unacceptable.
Their plan was for the opposition members to walk out of the PSC on
December 6. They thought that we will obtain an extension of one month
by tabling a motion on December 7. They thought that when they do this
on the eve of parliamentary recess on December 8, the PSC would be
unable to prepare and submit a report within two days. I will argue with
anyone to prove that the argument made by both opposition members, and
Romesh de Silva PC is the same. Then they next planned to nullify the
PSC by getting a Court Order as it was due to start its sittings saying
it was against natural justice. If the Court accepted their argument the
four opposition members also had appeared on behalf of that argument.
International forces
Then a background will build up for the Courts even if there was such
provisions in the Constitution or not this would offer them some
strength. Why I say this is because the CJ is still functioning as the
CJ. She can bring up cases through other parties on her behalf if she
wanted to. This is a situation which can be described as trying to be
one’s own jury and prosecutor. If any one says I am defaming, I
challenge him to take me to Courts and send me to jail. But people of
this country should know that no one can be allowed to rob their
sovereignty on the compulsion of international forces. This is a country
built up by the people after defeating terrorism sacrificing their sweat
and blood. This is a government and a leader they had build up. There is
no problem if the people wanted to drive away the government through the
ballot even tomorrow. If you want an election ask it through the
opposition and get it. If not conspirators and pawns brought up by
Dollars and Kroners cannot be allowed to topple government. If the
opposition leader wants we on our part and the President himself will
give an election no sooner it is requested. Do so, if you think the
people are opposed to the government and it can be driven away by the
ballot.
So please understand this agenda and the whole picture. They would
obtain a Court Order prohibiting the PSC. Thereafter the PSC continues
its work disregarding the Court Order. When the PSC order comes, Court
will say its null and void as the PSC is prohibited. But their plan
misfired. The PSC performed its duty disregarding the opposition’s walk
out and looked into five allegations. Two allegations were clearly
established. We said we cannot come to a final decision regarding other
allegations. The PSC gave its order. No one is saying whether this order
is correct or not. No one is asking whether the decision in the first
allegation and the second allegation are true. Why doesn’t anyone raise
this question. A Bench headed by Justice Shirani Thilakawardene after
hearing the innocent Ceylinco Depositors’ case devised a plan and
ordered that depositors be repaid their money systematically step by
step. I have seen the depositors saying if they worked according to this
plan they would have received 43 percent of their deposits by now.
People’s vote
But suddenly a petition comes asking that this be referred to a five
member bench of Judges. Justice Shirani Thilakawardene goes to CJ and
tells her that there is a petition to appoint a five judge bench. The CJ
instead of enlarging the bench to five members comes back with two of
those Judges sometime later. Those two Judges also opt out subsequently.
When there is a request for five judges she says that is wrong and
conducts the case by herself. Finally, that plan is changed. Then the
sister gets a house. They say it was bought but I don’t know. There is
reference to it in the motion. Janaka Ratnayake said he himself went and
showed it. She had come in a car and got a Muslim employee dismissed
saying he failed to pay her due respects. Janaka Ratnayake said in his
evidence that he dismissed with the employee without even holding an
inquiry. That man’s human rights were ignored. If it was a politician or
an actor people would have known him. That man would have not known that
she was CJ and just waited.
Due to this relationship, the Ceylinco case changes its course. The
plan which was in favour of the depositors had been altered. That is
independence of the Judiciary. No one should lay hands on them. A person
who becomes helpless in this manner has to seek the support of the
people’s representatives.
The Executive can be chased out by people’s vote. The legislature can
also be chased out through people’s ballot. But the Judiciary has no
relationship with the people. The Judiciary has been distanced from the
people to a great extent. It is good to take over a case of innocent
depositors and change its course. But the tabling of an Impeachment with
the signature of 117 MPs is wrong. Its hearing and the decision is also
wrong.
Then there were the written submissions made on behalf of the CJ by
her legal firm. The next step was to go for oral submissions. Then they
asked three weeks time for the oral submissions to be made. We told them
to bring witnesses when coming for oral submissions. We clearly told the
CJ’s senior lawyer that an investigation would be held regarding
allegation 1 and 2 of the motion at 1.30 pm on the relevant day and
there is permission to make submissions to disprove the allegations and
summon witnesses and if the witnesses are named they can be summoned
before the PSC.
Now they are saying witnesses were not allowed and lists were not
given and this and that. It is crystal clear that they had a set plan to
obtain that Court Order. Since the PSC completed its work they could not
go for that target. Therefore she filed a case. The motion is submitted
by MPs. The investigations are also made by MPs. The accused is the CJ.
The question is whether it is right or wrong. But is it correct for me
to hear my own case. Is it right or wrong for me to hear my husband’s
case. Is this the independence of the Judiciary.
If this is the so-called independence of the Judiciary may God bless
the Judiciary.
When the PSC submitted its report by December 8 their strategy
misfired. Then the CJ filed a case and summons have been issued on the
Speaker and the Parliament. Now I am speaking outside Parliament. If
they want they can file a case saying I defamed the Judiciary. Is there
a law which categorizes as to what is defamatory of the Judiciary.
Now they are asking whether there is a procedure and Standing Orders.
Our PSC at least has Standing Order. There is a Parliamentary procedure.
But she filed a case and it’s being heard by a panel of Appeal Court
Judges. For sure I can guess what the result would be. We are only
scared of the people of this country not anyone else. If a wrong is done
to the people and if there is an attempt to plunder people’s verdict we
will never leave room for it.
This Court now gives an order saying that the PSC has not ensured
natural Justice.
Therefore make it invalid. This is the decision they are going to
take. After taking that order she will continue in office. At this
moment a report has come from Parliament. Thereafter it will debate it
and approve or reject it in January. If it is approved the President
will be notified about it. Even if it is done it is not mandatory on the
part of President to remove her. This only explains that if the
President wants to do it he is given the opportunity to do it. Then the
President will decide to remove her. But she will not move out. She will
obtain a decision from her Court saying the Parliament’s action is
against natural justice.
Judicial powers
This is what she is trying to do. If this is false, take me to Court
and punish me. You are taking your own case before a three member bench
appointed by you and they will give an order you want by saying the PSC
is wrong and it’s null and void. Then you are rejecting an order given
by the President in keeping with the Constitution. It is the situation
of duplicity the West wants to create. A CJ must be insane to act in
this manner. I never think or dream that she is insane.
The Constitution clearly states that Judicial powers are exercised
through Parliament. Even when this is clearly stated in the Constitution
an order will be taken by making a law point here and there. Such an
order will create conflict and through this conflict the country will be
taken to an anarchic situation and destabilized to make it a trump card
for the resolution in Geneva next March. They will say there is a
conflict between Parliament (legislature) and Judiciary and there is no
environment conducive to implement law and order and an international
investigation should be conducted.
The picture needed for this is being created by the CJ, Weliamuna’s,
Saravanamuththu’s and Sumanthiran’s and the NGO operatives too are
there. Romesh de Silva appeared for the CJ. He is the same lawyer who
appeared for the owner of Ceylinco in the Ceylinco depositors case. It
is clear that their agenda is to create this conflict.
They are all receiving funds from NGOs to create it. What they are
trying to do is to take revenge for defeating the Tamil separatist
movement through the war. Who are the people behind this? It is these
very same forces. Wijedasa Rajapaksha is the President of the Bar
Association of Sri Lanka. Who is he? He is a UNP Parliamentarian. Is the
Bar Association therefore independent? If the Inter University Students
Federation becomes JVP when its convener is a student faithful to the
JVP does not the Bar Association become UNP oriented. People like
Wijedasa Rajapaksha changed the government and crossed over to the UNP
before the war.
That was to oppose the conducting of the war. The same wicked forces
which rallied round the enemy during the war have flocked round her
today to direct her. Sarath Fonseka suffered the same fate. He is now in
a helpless state muttering something. This is a movement carried out to
achieve international objectives. She is a person who got down a written
invitation in her capacity as JSC Chairman to attend a discussion on the
Budget and publicized it to tell the world that there is interference in
the Judiciary. She is the person who has not resigned her post when a
case against her husband is being heard in the Courts. Such person is a
person trying to create a conflict situation. Look at the Court rulings
that have come since then. We have no qualms about the Divi Neguma bill.
A government with a two third majority can get any good Bill passed. We
can get any Bill passed with a two third majority if they are amended
through a referendum. Therefore we don’t need any assistance from Courts
to get a Bill passed.
But what is the gist of all Court decisions given. Each and every
decision included the agenda of federalism.
The Provincial Council list given in the Court decision was the same
as that submitted by TNA Parliamentarian Sumanthiran. Accordingly the
Provincial Council list is bigger now. What is the plan of the
separatist agenda. People like Sumanthiran will get the Northern
Provincial Council set up by keeping her in her post continuously.
Thereafter they will demand Police and Judicial powers. Through devious
Judicial means they will strengthen the Tamil Communal agenda and cause
instability, desired by international forces. Who can look aside by
allowing this to happen. Did we liberate the country from Tigers to
bring about instability once again and create out extinction. What is
the just right the CJ has to act like this and hear her husband’s case
to resolve her personal problem and thereby drag the country to such an
agenda.
If her agenda is allowed to materialize what will happen to the
people’s power which elected the other side with a 1.8 million majority
when the TNA, SLMC, UNP and the JVP were contesting the election as a
single camp under the leadership of Sarath Fonseka. Are we to look the
other way allowing people’s power to be defused? No. Please identify the
entire picture of this conspiracy clearly.
This is a movement included in a separatist political agenda. Don’t
try to sweet coat it by falsely adding catch words like democracy and
independence of the Judiciary. It is wrong to do so. Now most of the
lawyers have been misled. They have got hold of only their pet words.
Instead they should look at the whole picture and realize that this is a
new struggle of the same forces which opposed the war against Tiger
terrorism through a new approach or process. So please decisively keep
alert about this.
This conspiratorial operation should be soon defeated. The President
should take stern measures about this. We cannot allow the people’s
sovereignty and their power to be reversed and undermined by activities
of robbery conducted through a person or persons holding high posts.
This is the appeal we like to make. We request you to identify all these
factors properly and join hands to overcome these challenges.
Concluded |