Senior Minister wants Constitutional amendment:
KEEP JUDGES BEING PROBED OFF THE BENCH!
*Supreme Court verdict
betrays partiality
*Hails Oppostion for
exposing malpratices of CJ
Ishara Mudugamuwa
Amendments should be brought to the Constitution to suspend judges
facing impeachment, from sitting on the bench, until they are cleared of
charges, Senior Minister for Rural Affairs Athauda Seneviratne said.
Addressing the media at the Senior Ministers' Office yesterday
Minister Seneviratne said during a pending impeachment against a judge
such a person should be temporarily relieved of official duties, to
avoid unnecessary complications until a final decision is made.
This should be accomplished in the form of an amendment to the
constitution making it compulsory for such a judicial officer to step
down from the Bench until the matter is resolved.He said the procedure
adopted to impeach Chief Justice Dr. Shirani Bandaranayake is totally
constitutional. "But she doesn't accept it.
For the first time in the country's judicial history Chief Justice
Bandaranayake is trying to create a conflict between the judiciary and
the Parliament. For the first time in the history the Chief Justice has
also challenged the world Parliamentary system," the minister said.
Minister Seneviratne also observed the CJ is holding the position of
the head of the judiciary, and the whole judicial system is under her
control.
"This is borne out by the new interpretation given by the Supreme
Court that the Parliamentary Select Committee has no legal power to make
a finding that impinge on the legal rights of a judge.
It also emphasized that a valid finding, can be made only by a court,
tribunal or a judicial body based on the law and the law only."
"However, it is also clearly mentioned in the Constitution that
Parliament can decide on the matter in terms of Standing Orders," the
minister said. He said no other body has the authority to probe charges
of malpractice against the Chief Justice.
It is only Parliament which wields this power to take action against
the judiciary according to the Constitution. The role of the judiciary
is to define laws and regulations enacted by Parliament. Members of
Parliament represent the people's sovereignty . "Therefore all of us
should respect Parliament and not challenge it.
The protection of the sovereignty of people is extremely vital for a
democratic country such as Sri Lanka. Minister Seneviratne also thanked
the Opposition for exposing all malpractices of the Chief Justice. He
also requested the Opposition to uncover the malpractices of bureaucrats
and even politicians and expose them to the country.
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