The Supreme Court (SC) is now possessed with several cases where the Court is constitutionally bound to interpret the constitution and to determine the constitutionality of the Standing Order 78A, that deals with the impeachment procedure. The Supreme Court has made a recommendation that the Select Committee of Parliament (PSC) should not proceed with the impeachment inquiry until the SC examines the validity of the questionable Standing Order on which the impeachment inquiry is being based.
We view the Recommendation given by the Supreme Court as a great opportunity for all parties to restore mutual respect and rule of law and to avert a constitutional crisis in the country. We are dismayed that the PSC has, by majority, rejected the recommendation of the Supreme Court and to proceed with the inquiry, with scant disregard to the constitutional traditions.
There is no legitimate basis to expedite this inquiry ignoring the Supreme Court recommendation. The manner in which the inquiry is being conducted has converted the inquiry against the Chief Justice into a trial on the parliament itself.
In the mean time the Chief Justice and the judiciary are subjected to all possible humiliation to an unprecedented level. We note with regret the level of media attacks in State media and the circulation of mudslinging booklets/posters obviously, instigated by the Government, to discredit the Chief Justice and the judiciary.
In a democracy, public expect all the institutions including the parliamentarians to respect the recommendations and orders of the highest Court of the country. Unless the public, lawyers and judges come forward to the protect the judiciary, our future generations will be left with a lawless state.
We call upon the Parliament and the Executive to display maturity when dealing with the impeachment, and not to proceed with the impeachment until the Supreme Court exercise its constitutional duty in the relevant interpretation.
Singed On behalf of Lawyers for Democracy
Lal Wijenayaka, Chandrapala Kumarage, E. Viwekanandan , K.S. Ratnavale, J.C. Weliamuna, Sudath Netthisinghe ,Sudarshana Gunawardana, Lakshan Dias , Sunil Jayaratne, Harin Gomas, S.G. Punchihewa
Lawyers for Democracy (LfD) is a representative body of legal practitioners throughout the island. Conveners include Lal Wijenayaka, Chandrapala Kumarage, E. Viwekanandan , K.S. Ratnavale, J.C. Weliamuna, Sudath Netthisinghe ,Sudarshana Gunawardana, Lakshan Dias , Sunil Jayaratne, Harin Gomas, S.G. Punchihewa.
LfD was established on 10th December 2009
[email protected] Tel-077-781 2010