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Statement by the Asian Human Rights Commission
We call upon the people, in particular the judges and lawyers, to grasp the historic significance of this moment
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Caption: Chief Justice Shirani
Bandaranayake leaves Parliament yesterday
Photo by Susantha Liyanawatte
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( December 7, 2012, Colombo - Hong Kong, Sri Lanka Guardian) It is news now that
the Chief Justice Shirani Bandaranayake and her legal team, led by Romesh De
Silva PC, walked away from the Parliamentary Select Committee proceedings,
expressing no confidence in the manner in which the proceedings are being
conducted. Having followed the proceedings against the Chief Justice from its
inception and having studied every step of these proceedings, the Asian Human
Rights Commission salute the Chief Justice and her legal team for taking the
most appropriate and honorable decision under the circumstances. They are
thereby keeping with the dignity of the post of the Chief Justice as the head
of the judiciary, which is a separate branch of the government.
Having watched all
the aspects of this process from the beginning, we are aware that the Chief
Justice and her legal team have done all they could to cooperate with the
parliament and to show their good faith in wanting to participate in properly
conducted proceedings, which is in keeping with the dignity of a Chief Justice
and the dignity of the Supreme Court as the highest court in Sri Lanka.
Justice could never
be done without respect to the dignity of the person against whom charges are
made. It is at the very core of justice that a person so charged, even if they
are the worst criminal in the country, is treated with dignity and the process
of proceedings is conducted within the framework of rules of justice that are
universally accepted. If these basic standards and norms are not respected,
then it is the right of the person who is so charged to declare to the world
that what is happening is not a process of justice but a process of injustice.
The parliament is the
supreme body that represents the legislature, as the Supreme Court is a supreme
body that represents the judiciary, which is a separate branch of government.
In the relationship between the two, it is the duty of every honorable person
who is representing these institutions to behave in a manner that keeps with
the highest standard of dignity of both these institutes. The Parliamentary
Select Committee, acting on behalf of the parliament, ought to respect every
citizen through the manner in which the proceedings is conducted.
When this is not
done, it is the duty of every citizen to defy injustice and show their loyalty
to the highest ideals of justice, which are the only foundation of a nation.
This duty falls on the Chief Justice. By walking away from the proceedings, the
Chief Justice and her legal team have demonstrated their firm faith in law and
their firm faith that everyone who is facing a process of justice should do so
only in an atmosphere and environment in which their rights are respected.
While saluting the Chief
Justice and her legal team for doing the right thing in the right manner, we
wish to point out to the whole nation that it is their time now to demonstrate
their firm commitment to justice and justice alone. No one is above justice;
neither parliament nor the executive nor the judiciary are above the justice
and above law. If the citizens of Sri Lanka do not take up their duty to uphold
the principles of justice, they would themselves deserve the punishment that
would follow in the natural course for those people who do not care for justice
and the law.
While saluting the
Chief Justice and her legal team, we wish to remind everyone that the judges in
1972 - when the constitution declared the Supremacy of Parliament against the
Supremacy of Law - and in 1978 - when the Constitution declared the Supremacy
of the Executive President above the law should have taken similar position of
defiance and, had they done so, the country would not be in the peril that it
is now. The present position taken by the Chief Justice and her legal team is
of historic importance and has the potential to turn back the clock, when the
country has been going in the direction of destroying the separation of powers
and the independence of the judiciary. Now it is once more a historic
opportunity to stand by those basic principles of the separation of powers and
the independence of the judiciary, without which democracy and rule of law
cannot stand.
It is now the duty of
all the judges and the lawyers of Sri Lanka to show their loyalty to the law
and the principal of separation of powers and the independence of judiciary on
which foundation their profession stands. It is their duty to stand in support
of the Chief Justice, to demand justice on her behalf. If the judges and
lawyers fail this then they fail themselves, and they would have no one to
blame but themselves. But we hope that it shall not be so and that the flag and
the flame of justice, rule of law and democracy will find loyal support from
all the judges, lawyers and, indeed, all the people of Sri Lanka.
