Suicidal politics of the Judiciary
From the word go the Chief Justice Bandaranayake
has proved to be a fiery political animal. Each calculated move she
made clearly pointed to the fact that she has decided to fight her
case in the political arena than in the competent legal courts.
Every action of hers was designed to mobilize the cadres in Bar
Association or in the Buddhist temples dragging the monks to pull
her chestnuts out of the fire. Her decision to cut and run from the
hearing at the Parliamentary Select Committee (PSC) was to create a
political drama, not a legal defence of her position. At no time has
she -- or her legal team -- countered the allegations against her by
dealing with each one of them with a substantial defence. The
superficial statements made earlier have been countered/negated by
the evidence presented to her and by the witnesses (including a
senior Judge of the Supreme Court) that appeared before the PSC. She
was seen more politicking and praying (sign of guilt?) rather than
defending,
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Constitutional interpretations; justice fast-tracked –
justice withheld?
When the President of the Republic refers in
terms of Article 129 of the Constitution, a question of law or fact
for the consideration of the Supreme Court, the said matter
concerning a law is to be determined upon after consideration by at
least 5 Judges of the Supreme Court.
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