(Text of a Media Release)
( December 7, 2012, Colombo, Sri Lanka Guardian) Today the Chief Justice of Sri Lanka Dr. Shirani Bandaranayake walked
out of the Parliamentary Select Committee 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.
of the false charges made against her and is always willing to face any impartial tribunal in order to
vindicate herself.
The following are the events which led to the decision of the Chief Justice to walk out of the PSC.
The PSC was requested as far back as November 20th to furnish the information required to reply the allegations. This information was never provided. When the PSC
commenced sitting on 23rd November 2012 learned Counsel for the Chief
Justice requested that a list of witnesses and a list of documents relied upon in support of the allegations be made available. It is common knowledge that even in a disciplinary inquiry in the public service or a trivial criminal case that a respondent or accused is furnished with a list of witnesses and documents so that they could prepare for the defence. The PSC failed to meet this basic requirement at any of its sitting.
Today at about 4pm, the PSC handed over a bundle of documents
consisting of approximately 1000 pages and required the chief justice to
respond by 1.30 pm tomorrow, i.e. in less than 24 hours. It was obvious
that a majority of the members of the PSC had no real intention to give
the chief justice a fair hearing.
In addition to the above, at various stages of the proceedings of the
PSC, two members hurled abuse at the Chief Justice and her lawyers and
it became evident that these members had been mandated to ridicule the
head of the judiciary and the legal profession.
The Select Committee was requested numerous times to formulate the
procedure that it intended to follow. There was no response to this
request until today. Today when this request was repeated, the Chairman
of the PSC stated that no oral evidence would be led to establish the
allegations and, consequently no opportunity would be given to cross
examine such witnesses making the allegations.
Instead it became evident today that the Chief Justice was expected to refute allegations
that had not even been supported by evidence. Such an irregular and unlawful procedure would
undermine every single independent judge in Sri Lanka.
that had not even been supported by evidence. Such an irregular and unlawful procedure would
undermine every single independent judge in Sri Lanka.
In almost all instances the same members of the PSC, who were in
majority, overruled the submissions made on behalf of the Chief Justice
without cogent reasons and often without any prior consultation with the
other members. It is for the above reasons that the Counsel for the
Chief Justice requested to waive the secrecy provisions and sought an
open and public inquiry and requested for independent observers to watch
the proceedings, but this request was also refused by a majority of the
PSC.
In the face of the above no right thinking person could any longer
continue to accept the legitimacy of a body steeped in partiality and
hostility towards the head of the judiciary and in this background the
chief justice and her counsel had no alternative but to withdraw from
participating in the select committee.
The CJ reiterates that she is willing to continue to face any
impartial and lawful tribunal as is done in other commonwealth countries
as was proposed in the draft constitution of August 2000 in order to
vindicate herself and she will continue in her efforts to safeguard the
independence of the judiciary, which is a heritage of the people of Sri
Lanka, who alone are the sovereign of this country.
