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Friday, 11 January 2013 00:12 - - {{hitsCtrl.values.hits}}
By Ashwin Hemmathagama Our Lobby Correspondent
The Parliamentary Select Committee appointed to investigate the 14 charges against Chief Justice Shirani Bandaranayake yesterday revealed its resolution, recommending her removal to President Mahinda Rajapaksa to Parliament, driving the final nails in her coffin.
The resolution was tabled amidst major protest from the Opposition and unsuccessful attempts to postpone the debate.
Minister of Irrigation and Water Resources Management and the Leader of the House of Parliament Nimal Siripala de Silva, moving the two-day debate agreed at the Party Leaders’ meeting, said: “A Select Committee of Parliament was appointed in terms of Article 107 (3) of the Constitution read with the provisions in Article 107 (2).
According to the Speaker’s instructions, the Select Committee conducted investigations on the charges and found her guilty on charges 1, 4, and 5. These findings were reported to the Parliament on 8 December 2012. Therefore in par with Article 107 (2) of the Constitution this Parliament recommends the removal of Dr. Mrs. Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake from the post of Chief Justice to the President.”
“This is one of the important moments for Sri Lanka and its Parliament. According to Article 52 (2) of the Soulbury Constitution, which is the first Constitution of independent Sri Lanka, judges can be removed based on a resolution sans an investigation. According to 1972 Constitution President had the authority to remove judges. There were no select committees or investigations. Your Constitution had the same until Neville Samarakoon was brought forward by late Lalith Athulathmudali the Standing Order 78A was formed in a hurry. Parliament is the sole authority to amend the Constitution, which can only be interpreted by the Supreme Court. She was at the bench when a direction was given approving the 18th Amendment allowing the President for removal of persons who are not covered from the Constitution. A prior example was given by late Speaker Anura Bandaranaike highlighting the non-binding supremacy of the Parliament,” added Minister de Silva.
In response United National Party Member of Parliament Joseph Michael Perera said: “The Select Committee was given 14 charges to investigate, out of which you have probed a few. You have failed to disclose the number of charges being investigated to the Parliament. Who authorised the Select Committee to investigate a few and neglect the other charges?”
The Democratic National Alliance, which includes the JVP, decided it would boycott the impeachment debate since the process had been declared unconstitutional and had no validity in law. DNA MPs Anura Kumara Dissanayake, Vijitha Herath Sunil Handunetti, Arjuna Ranatunga, Jayantha Katagoda, and Tiran Alles walked out of the chamber saying they did not want to engage in an unconstitutional process with the Government. The main Opposition UNP and the TNA decided to remain in Parliament and debate and vote against the impeachment resolution.
Speaker of Parliament Chamal Rajapaksa suspended sittings for 10 minutes after the impeachment debate was announced, after UNP Leader Ranil Wickremesinghe said there was no basis for the debate since the PSC report had not been officially tabled in Parliament. However, when the session resumed, the Speaker ruled that the Opposition concerns were not a valid basis on which to postpone the debate.
The debate on the impeachment resolution will continue with a vote on the issue to be taken at 6:30 p.m. tomorrow.
