Will Rajapaksa regime allow
standards to be set up?
| by S. Vasudevan
( December 22, 2012, Washington
DC, Sri Lanka Guardian) 'Yes Shirani Bandaranayake must go, but after the
setting up the standards!' Thus we are hearing a new argument now. This slogan,
which justify Rajapaksa impeachment and the select committee report, is
knowingly or unknowingly aimed at derailing the struggle for democratisation of
the country and exposing the Rajapaksa regime. The struggle is gathering
momentum day by day. The regime also coming up with various dubious counter
attacks every day. It is very clear that if the slogan 'Chief Justice should
resign' succeeded will take all steam out of the movement. That is how politics
work. Today the slogan independence of judiciary encompasses the issue of whole
issue of democratic governance.
To demand that CJ must go,
independence of judiciary must remain is like saying chicken must go not the
egg! Once the Chicken goes there are no eggs. If Rajapaksa regime will succeed
in removing the Chief Justice there will be no independence of judiciary or any
space for setting up standards. Politically correct slogan has to be 'Regime
must go!'
The whole impeachment saga was a
politically motivated action plan by the Rajapaksa regime in order to bring
judiciary under its wings. The reason for impeachment is not to establish a
clean governance but to increase the corrupt governance. Only political naïve
can call for Chief Justice Shirani Bandaranayake to resign saying that it will
set the standards. Or rather she can set the standards before her resignation.
Will Rajapaksa regime allow Shirani Bandaranayake to set up the standards
before she go?
Nobody who understand basics of
politics can believe even for a moment that Rajapaksa regime will allow these
so-called standards to be established in Sri Lanka. Impeachment is an only one
more step in the direction of establishing total Rajapaksa control over all
arms of governance of Sri LankaTaking jtrees for the jungle can be a huge error
in this instant. Just look what is happening right now: Attorney at Law
Gunarathana Wanninayaka threatened at a gun point; Gun shot fired at Wijedasa
Rajapaksa's residence; state media is disgraceful mud singling campaign not
only against the CJ but against the BASL as well, Students arrested sent for
rehabilitation without any formal charges and so on. This is the picture we
need to keep in mind when discussing the impeachment.
To argue that Rajapaksa regime
will allow internationally accepted standards of impeaching judges is simply a
deception if not a hypocrisy.
If Rajapaksa regime or any others
wants to set up standards then the first step has to be the withdrawal of the
flawed and illegal impeachment and bias select committee. If any one wants to
fight for the standards first step has to be stood by the Chief Justice at this
given moment. She is the one who is fighting for standards. Politics is not
some thing in the sky. Today the struggle is against the Rajapaksha regime's
plan for intimidated judiciary.
We need to look at what is
happening on the ground. If the impeachment was an isolated incident by a law
abiding regime then it is possible to take an abstract position. But as we all
know that form the attempts to intimidate Mannar magistrate Anthony Pillai
Judeson to gunshots fired at BASL president Wijedasa Rajapaksha's house just
two days ago there is a plan of action by Rajapaksha regime to intimidate the
judiciary.
Today the struggle to defend the
independence of judiciary is symbolised by one single fight: removal of the
flawed impeachment and her right to fair hearing for the Chief Justice. There
are no other barricades to stand by. The main contradiction is the country
today is impeachment: CJ Vs MR.
Call for Shirani Bandaranayke's
resignation saying that 'lets have standards, once she leave is tantamount to
complete misreading of the regime's plan. Is it possible to appoint an
independent Chief Justice under the 18th amendment of the Rajapaksha regime?
What will happen once Shirani B. resigns? Rajapaksha will appoint one of his
cronies to lead the Bench.
Before we take a stand on whether
Srirani Bandaranayake resigns or not we need to find answers to the question
raised above: What is the regime's strategy regarding the democratic governance
in general and independent judiciary in specific? The answer is simple: no
democracy no independence of judiciary. This is the context of struggle of
impeachment taking place. If the impeachment wins Rajapaksa strategy goes
ahead. If it fails, that wills tolls the bells for Rajapaksa, sooner or later.
Chief Bandaranayake has become the symbol of this struggle today. We should
call for the removal of impeachment not the Chief justice.
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