Blessing
in disguise for restoration of meaningful democracy
| by
Vishvamithra
( December 26, 2012, Colombo, Sri
Lanka Guardian) On going tussle between the Judiciary, Executive and the
Legislative (absolutely nothing more than puppets conduct themselves according
to the whims and fancies of the Executive President) is surely a step forward for
restoring democracy proper in this inland nation. Particularly since the 1972
Constitution, separation power between the three organs of the government was
not worth the paper (the Constitution) it was written. Since then the
judiciary, headed by the CJ in most cases plainly deliver what the Executive
desired and failed to uphold the role of the watchdog of the people, whose inalienable
judicial power it exercises.
Incidence of betrayals of the
people, who had placed their trust in the judiciary are in abundance in the
recent history. Probably the best is the unbecoming conduct of Asoka De Silva J
who was appointed over Srirani Bandaranayake J to approve the 18th
amendment to facilitate MR contest for a third term with no issues whatsoever
raised when contested before the Supreme Court. Then this very same person simply
to please MR had audacity to declare that the Court Martial that found Gen
Sarath Fonseka guilty for charges levelled against him without a fair trial
afforded to him also a Court. For the job well-done Asoka Silva was given a
special presidential advisor post on top of the full pension afforded to him.
The judges in the Apex Court are given a pension of 100% salary drawn at the
time of retirement for a reason; that is to lead a respectable and exemplary
life after retirement sans becoming stooges of any politician or political
party.
Next come Sarath N Silva J who let
the MR off the hook, in a case where serious allegations were levelled against
MR for defrauding tsunami funds. Sarath Silva J, removed all impediments faced
by MR and simply allowed him contest the Presidential Election. Later bringing
insult to injury Sarath Silva had the audacity to admit that he made a
monumental blunder and that he was directly responsible for not dealing MR appropriately
as required by law. He publicly admitted that had he acted according to law MR
should have been behind bars. It is hard to believe the character of this person
who appears to have lost all his senses when he make various public utterances,
defending all actions taken by MR regime and the inquiry proceedings conducted
by the PSC against the CJ that lacked transparency, fairness that is guaranteed
to any citizen in this Country.
Yet, from the peoples’ view point
what is unfolding before them seems to be good for the democracy. At least from
now if the judges in the Apex Court have little bit of insight should realise their
constitutional obligation to the people of this country and that the judicial
power they enjoy emanates from the people (who enjoy the sovereignty over all
three institutions) and not the Executive.
People with little bit if insight
knows that there some public officers appointed to the Apex Court from the
Attorney General’s department by the Executive in an effort to have some
influence in the Supreme Court. Surely in most of these subservient officials lacks
character, will and commitment required to uphold the judicial power of the
people, particularly when it matters most like situations where there is
serious threat pose to the democratic rights and fundamental freedom guaranteed
by the constitution by the Executive or the Legislature.
In this backdrop the right
thinking people earnestly believe that judges in the Superior Courts would learn
a costly but good lesson from this impeachment saga that is not to betray the
people of their rights when there is threat to their rights either by Executive
or the Legislature. People cry nothing more nothing less that justice from the
Supreme Court headed by the CJ that is to deal with any member or group in the
Executive and the Legislature, who had taken a constitutional oath to uphold
the rule of law and to perform their respective offices with utmost honestly
and integrity, appropriately and as required by law without any fear or favour.
Lessons to be learnt are many from neighbouring countries, particularly from
Pakistan where the Supreme Court headed by the Chief Justice fearlessly
discharge their constitutional duty to the letter, safeguarding rule of law,
the democratic rights and fundamental freedom of the people.
Role vested in the Supreme Court
headed by the CJ becomes heavier, particularly since the country is under siege
by Rajapakse Wickramasighe top-secret pact that had effectively made the
opposition redundant and impotent.
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