Insight By Sunil Kumar

December 5th 2012

ƒÆ’-¡ƒ”š‚ The Sri LankanƒÆ’-¡ƒ”š‚ Government has officially declared the reasons whyƒÆ’-¡ƒ”š‚ a motion of impeachment against Chief Justice Shirani Bandaranayeke was necessary, in a report to the global mediaƒÆ’-¡ƒ”š‚ where the reasons presented by a senior aide of the President to support this suggests legitimacy, being within the constitution and valid despite all the ongoing protestations from from many quarters in support of the Chief Justice.

It might come from the High Buddhist Clergy, the Bar Associations or for that matter from the rest of the world arguing for a principle but the fact of the matter is NO ONE IS ABOVE THE LAW and this is the most compelling argument that favours the Government whose impeachment motion does appear to carry validity where the only redeeming grace for the Chief Justice is that she remains innocent until proven guilty.

ƒÆ’-¡ƒ”š‚ The Government reportƒÆ’-¡ƒ”š‚  has suggested that the proceedings were prompted byƒÆ’-¡ƒ”š‚  the CJ’s husbandƒÆ’-¡ƒ”š‚ improper and irregularƒÆ’-¡ƒ”š‚ financial dealings about which a fairlyƒÆ’-¡ƒ”š‚ substantial charge sheet has been postedƒÆ’-¡ƒ”š‚ and various other improprieties which the Government alleges was known to the CJ andƒÆ’-¡ƒ”š‚ what reason would there be to doubt such accusations as this was between husband and wife in a happy marital relationship it is assumedƒÆ’-¡ƒ”š‚ and perhaps one of the reasons towardsƒÆ’-¡ƒ”š‚  forcing theƒÆ’-¡ƒ”š‚ the hand of the Government where the issue of the abuse of power, dubious land deals, the transfer of large and purportedly unaccountable sums of moneyƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ and a high handed, authoritativeƒÆ’-¡ƒ”š‚ attitudeƒÆ’-¡ƒ”š‚  maintainedƒÆ’-¡ƒ”š‚ by her also comes into play as the basis for the impeachment.

ƒÆ’-¡ƒ”š‚ The report suggests that alarm bell had rung in Parliament as a result of a group of Parliamentarians whoƒÆ’-¡ƒ”š‚ had brought to the notice of President Mahinda Rajapaksa the conduct of the Chief Justice relative to the accusationsƒÆ’-¡ƒ”š‚ which although needing to be proven beyond a doubt do appear to beƒÆ’-¡ƒ”š‚ of a kind which simply could not be swept under the carpet or ignored as reported.

It suggested thatƒÆ’-¡ƒ”š‚ the CJƒÆ’-¡ƒ”š‚ and her husbandƒÆ’-¡ƒ”š‚ acted improperly, contravened legislative regulations and violated the very concept of the Legal Justice SystemƒÆ’-¡ƒ”š‚ and of an ongoing nature to mootƒÆ’-¡ƒ”š‚ which suggests a blatant disregard to the protocols which govern the conduct of a Chief Justice relative to her high office, also in collaboration with her husbandƒÆ’-¡ƒ”š‚ and only when the number of acts began increasing alarmingly did the executivesƒÆ’-¡ƒ”š‚ ofƒÆ’-¡ƒ”š‚ the legislature take up the issue,ƒÆ’-¡ƒ”š‚ it said. There were many bank accounts ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-many more than what is there in the charge sheet,ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ and she did not declare any of these, the reportƒÆ’-¡ƒ”š‚ alleged whereƒÆ’-¡ƒ”š‚ The Chief Justice has denied these allegations.

ƒÆ’-¡ƒ”š‚ What the report has emphatically stated is “that the impeachment process is not because she was seeking to abort our work,ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚ and exemplifiedƒÆ’-¡ƒ”š‚ how the Government dealt with the judgement on the Divineguma Bill as an example. The Supreme Court held that some portions of the Bill, which centralises powers within a Ministry, had to be passed by a two-thirds majority and one provision had to be approved through a referendum. Also, a crucial aspect on the Ministry holding the finances and spending it was held as unconstitutional. The SC had maintained that all money should be handled through the Consolidated Fund.

The Sri Lankan Government abided by the judgement, and made it clear that it would seek the required parliamentary approvals for the Bill. Also the finances would be routed through the Consolidated Fund. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-In doing all this, the Government has acted as per the provisions of the Constitution and argues in this instance also that the judiciary needs to act in a similar manner.

ƒÆ’-¡ƒ”š‚ The report has also concludedƒÆ’-¡ƒ”š‚ that it was ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-improperƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ for the Chief Justice to hear cases at a time when impeachment proceedings had been moved against her which might also be interpreted as irregular and a disregard for the requirement of the law which coming from the Chief Justice of the land somewhat perplexing towards the interpretation of the law and in all probabilities contravened it.

ƒÆ’-¡ƒ”š‚ Words of wisdom towardsƒÆ’-¡ƒ”š‚ all the proceedings ongoing have come from a wise sage in a very acceptable capacity,ƒÆ’-¡ƒ”š‚ former Chief Justice Sarath SilvaƒÆ’-¡ƒ”š‚ who himself was a victim in an earlier impeachment proceeding which eventually fizzled out into a no contest. He has said that “there was nothing wrong in this case. ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-Chief Justice or no Chief Justice, one cannot have improprieties and that is fundamental. That is why I have no objection against this case,ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ as was reported in the Sri Lankan Financial TimesƒÆ’-¡ƒ”š‚ which quoted further says that”

in the opinion of the former Chief Justice the charges against Chief Justice Bandaranayeke included financial improprieties. The crucial matter is that there is a case of bribery against the Chief JusticeƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s husband. I feel the Chief Justice should have been well advised to take leave during that period and allow that case to go on. Or some such mechanism should have been resorted to in discussion with the President to avoid such a situation,ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚  end of quote

ƒÆ’-¡ƒ”š‚ Therefore it may not be an appropriate time for those supporting the CJ’s innocence to persist in what may turn out to be a compelling case for impeachment if all the aforementioned details and statistics relative to proceedingsƒÆ’-¡ƒ”š‚ were taken into accountƒÆ’-¡ƒ”š‚ despite the eventual slur to Sri Lanka’s Judiciary an embarrasing as well as an eventual anomaly based on the irresponsibilities of certain high ups in the learned profession as the case appers to be where one wonders aboutƒÆ’-¡ƒ”š‚ where all the learning was acquired!