| by Minelle
Fernandez
Courtesy: Al
Jazeera Blog
Activists in
Colombo condemned a panel for finding top judge Shirani Bandaranayake guilty of
misconduct [AFP]
( December 11,
2012, Colombo, Sri Lanka Guardian) Tension is building between Sri Lanka's
parliament and judiciary.
The government's
attempt to remove the Chief Justice Shirani Bandaranayake has lead to the face
off.
The current
regime has found the country's highest ranked judge guilty of financial
irregularity, abuse of power and bias in a case involving her husband – reasons
they say she must be impeached.
The problem is
that neither the Chief Justice nor the opposition members had much say in the
deliberations that led to the guilty verdict.
Justice
Bandaranayake and her lawyers walked out of the Select Committee last week
saying they had no faith in the process.
'Baised process'
A statement from
her lawyers said the walkout was, "in protest in the face of hostile and
biased conduct of the government members of the PSC so as to ensure the dignity
of the judiciary of Sri Lanka. The Chief Justice reiterates that she is innocent
of the false charges made against her and is always willing to face any
impartial tribunal in order to vindicate herself."
Opposition
representatives on the Select Committee also withdrew saying the process was
unfair.
All this
unfolded while supporters of either side, staged demonstrations outside court
and parliament.
But the
controversial proceedings continued regardless, with the government members
wrapping up proceeding one day later and informing the Speaker of the guilty
verdict.
The government's
undue haste to wrap up the proceedings has drawn howls of protest from the
legal community, civil society and the international community.
A number of
cases challenging the Committee's appointment were filed in the countries
superior courts - these will be heard in January. Rather than issue Stay orders
against the committee the Supreme Court took the non-confrontational, and more
diplomatic route of 'recommending' that the Select Committee differ its inquiry
till the Court came to a decision on the matter.
Supreme Court
ruling
But reflecting
the government's belligerent attitude, the Speaker announced that parliament
was supreme and not bound to follow the Supreme Court.
The country's
highest court holds exclusive jurisdiction on interpreting the constitution.
Should the Court rule that the PSC process violates the constitution, the
entire impeachment process will be rendered null and void – but if parliament
insists on its supremacy – a constitutional crisis is inevitable.
But concern is
building. Today members of civil society, representatives of the clergy, senior
opposition figures took to Colombo's streets to protest the impeachment.
They held
placards that said 'Do not grab the sovereignity of the people', 'Today the
judiciary - tomorrow?' Chants of "Down with this law of the jungle",
"The beginning of the end of the judiciary - the end of freedom of
speech".
Most Sri Lankans
don't understand what this would mean.
But if they did
– they wouldn't wish for it, because the future of democracy as they know it
depends on it.
Minelle
Fernandez has been working in journalism for almost 20 years.
