Impeachment

Kishali Pinto JayawardenaThis week, a committed New Delhi based civil rights advocate and incidentally a good friend, observed in a dispassionate aside to an otherwise entirely different conversation in that country that ‘this situation that Sri Lankans are facing regarding the political impeachment of the Chief Justice is quite alien for us to grasp here, […]

Hundreds of government-supporting rickshaw drivers choked the capital demanding the sacking of Sri Lanka’s chief justice on Friday as the supreme court debated the legality of moves to impeach her.Chief Justice Shirani Bandaranayake has been accused by the ruling United People’s Freedom Alliance party of financial and professional misconduct in a case which has raised […]

 ■Only President has legal immunity; all others subject to jurisdiction ■Claims Privileges Act only restrains court action of freedom of speech and proceedings, not validity of Standing Orders ■Anura B’s ruling not a binding precedent ■Ex parte ruling by SC will be damaging to ParliamentAll laws including the Parliamentary Power and Privileges Act should be interpreted subject to […]

President Mahinda Rajapaksa yesterday said some elements with vested interests, who could not achieve what they wanted through 30 years of conflict, are trying to achieve their sinister moves through Hulftsdorp. President Rajapaksa said he as a lawyer, has the highest respect towards the Judiciary and is committed to protect and promote its dignity. The […]

SC issues notice to PSC and Speaker The Supreme Courts today  issued notice to the Speaker and 11 members in the Parliamentary Select Committee hearing the Impeachment Motion against Chief Justice Shirani Bandaranayke. This was after the Supreme Court considered  seven Writ Applications filed in the Court of Appeal in respect of the Impeachment Motion […]

Opposition Leader Ranil Wickremesinghe yesterday told Parliament that there were no judicial powers entrusted to the Parliamentary Select Committee investigating charges in the Impeachment Motion against the Chief Justice and the Supreme Court could not issue notices on the Speaker or the PSC members. Wickremesinghe, participating in an exchange of views, soon after Leader of […]

Speaker Chamal Rajapaksa yesterday declared in Parliament that notices served on him and members of the Parliamentary Select Committee (PSC) probing the charges mentioned in the impeachment motion against Chief Justice Shirani Bandaranayake were a nullity and entailed no legal consequences. Delivering his ruling on the issue last evening the Speaker said: “On careful consideration […]

The eight-spoked Dharmacakra. The eight spokes represent the Noble Eightfold Path of Buddhism ”The legislature, Executive and the Judiciary can perform an immense service to maintain morals, law and peace in any civilized democratic society. It should be based on law, justice, patience and fairness. In order to achieve this end, it is not proper […]

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 […]

”8. With respect to the parliamentary impeachment with no subsequent judicial remedy the Committee found violations of Articles 14 and 25 of the Covenant referring to the conclusion that such procedure would not ensure required objectivity and impartiality (see Views of the Committee rendered on 24 July 2008 in the matter of Bandanaranayake v. Sri […]

The Chairman of Bar Association of Sri Lanka (BASL) Wijedasa Rajapakse and three others filed a petition in the Supreme Court today citing that the impeachment motion against the Chief Justice Dr. Shirani Bandaranaike had violated their fundamental rights. The petitioners cited that the impeachment was unconstitutional and the attempt to impeach the Chief Justice […]

Indeed the most glaring example of the Courts holding against the Government is the Supreme Court judgment of August 2005, cutting short the Presidential term from 06 to 05 years. This judgment was even more surprising, in the circumstances that the Chief Justice himself previously gave advice to the President that she could “take the […]

Sri Lanka’s chief justice says it is illegal for politicians to investigate her and vowed she will defend herself against impeachment charges of professional and financial misconduct.Shirani Bandaranayake, whose case has raised fears the government is trying to control the courts, told a parliamentary select committee there was not an “iota” of truth in allegations […]

Kishali Pinto JayawardeneThe Government’s brushing aside of the Supreme Court’s entirely appropriate order this week requesting Parliament to desist from continuing with the impeachment of the Chief Justice until a final determination was handed down in petitions being heard filed before it, was arrogant but unsurprising.The Bench spoke to the comity that must exist between […]

Laksiri Fernando  The Parliamentary Select Committee’s rejection of the Supreme Court’s decision that the impeachment proceedings against the Chief Justice should be postponed until the Supreme Court determines the constitutionality of the Standing Order 78A that purportedly governs such proceedings, as requested by the Court of Appeal, undoubtedly is the latest breach against the judicial […]

The decision of the parliamentary select committee now pondering the impeachment resolution against Chief Justice Shirani Bandaranayake that it will not await the Supreme Court determination on the legality of the process has now added a further complication to an already messy situation. There is no doubt in anybody’s mind that the decision to impeach […]

 (i)         The document dated 14/11/2012 contains no charges in Law.  (ii)       The purported charges even if proved do not constitute proved misbehavior within the meaning of Article 107(2) of the Constitution and therefore cannot result in the impeachment of our client. (iii)     The purported charges do not constitute charges within the meaning of the Law. […]

The. C.J. Dr. Shirani Bandaranayake has been noticed to appear once before the parliamentary Select Committee on the 4th of December. The PSC has postponed its work until then. Meanwhile, the PSC has notified her to submit her responses as defendant in writing by the 30th of November. The C.J. appeared before the PSC today […]

Yesterday the Supreme Court in a carefully worded order made a request of the Parliamentary Select Committee (PSC) inquiring into the impeachment not to proceed with their inquiry until the Supreme Court made a determination on the reference made to it by the Court of Appeal. The Supreme Court referred to the good relations that […]

Public meeting organised by FUTA ( file photo) The Federation of University Teachers Association (FUTA) requested the Executive and Legislature to withdraw the motion to impeach the Chief Justice.FUTA statement said that those responsible for the assault on the Secretary to the JSC should be brought to justice and those responsible for the attack on […]

Poster released by Civil group

Not party to CJ’s impeachment – LSSP GL slams US, Germany for denouncing plan for CJ’s impeachmentImpeachment against CJ: UNP wants int’l observers .  Not party to CJ’s impeachment – LSSP The Lanka Sama Samaja Party (LSSP) has decided not to be a part of the impeachment attempt against Chief Justice, Dr. Shirani Bandaranayake, which […]