| by Basil Fernando
( November 9, 2012, Hong Kong, Sri Lanka Guardian) The Chief Justice (CJ) has
refuted all allegations made against her contained in the much publicized
impeachment motion filed in parliament.
(File Photo of the Chief Justice, Mrs. Shirani
Bandaranayake)
The CJ’s legal representatives
have said in a letter
“In the circumstances, in
summary:
(a) Our Client has declared all
her operative bank accounts having assets in her declaration of assets and
liabilities; and
(b) After her appointment as a
judge of the Supreme Court, our Client has not received any remittances from
anyone in Sri Lanka or abroad save and except the remuneration as a judge and
the remittances from her immediate family.
Thus, clearly, there has been
no financial impropriety on her part.
Our Client totally denies the
other allegations and can easily refute them.”
This raises a question as to
how Members of Parliament (MP) sign impeachment petitions.
Do they merely sign these on
orders from above or do they do so after sober reflection and on the assessment
of facts?
It is useful to contrast how
they do it and what the Attorney General (AG) is supposed to do when he/she
files indictments.
Before preparing an indictment,
the AG’s office studies the investigation file submitted to it by the
investigating police. This will include whatever the suspect may have said in
answer to the allegations, besides all other witnesses, including those
witnesses who have made statements supportive of the suspect’s version.
Then, the officers who study
the file make a proper assessment of available evidence and arrive at a
reasoned out opinion as to whether there is adequate basis to proceed to file
an indictment. It is only on that basis that a decision is taken to file an
indictment.
In contrast to this, how do MPs
sign impeachment motions? Do they study the issue and make up their minds with
a proper assessment before doing so?
Since the matter of accusing
anybody is a serious affair and accusing a Chief Justice, as in the present
instance, is a very serious affair, shouldn’t the 118 MPs who signed have done
so with the utmost seriousness or responsibility?
Did they act in that manner?
If not, have they not done a
great injustice, not only to an individual, but also to the whole nation?
 The Chief Justice (CJ) has refuted all allegations made agai...){kind=link}