Thursday, 29 January 2015 00:00
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ELECTION pledges are common enough but the Government discharged two key ones within 24 hours in circumstances that will spur discussions for weeks to come. Firstly and perhaps most importantly was the decision to remove the 44th Chief Justice Mohan Peiris and make way for the 43rd Chief Justice Shirani Bandaranayaka to return, however briefly, to her former position. The Bar Association can justifiably claim a large chunk of credit for this move though many on social media have already questioned as to how they have become the mouthpiece for decisions taken regarding the Judiciary by the Sri Lankan Government. Be that as it may, the brief summary of events unfolded as such. President Maithripala Sirisena and the Cabinet after days of futile discussion finally gave the marching order to the 44th Chief Justice. Since the Supreme Court had not accepted the impeachment process that removed Bandaranayake, the legality of Peiris has been a point of contention for two years. This, at least in the eyes of the Government and Bar Association, was reason enough to remove him. The Bar Association insists that since Bandaranayake was never legally removed there is no reason for her to be reappointed. The 43rd Chief Justice concurred, arriving at the Supreme Court complex to cheers and bouquets of flowers from well-wishers. She was all smiles and undoubtedly many would be happy for her given the events that saw her removal. The public have been assured that following a ceremonial sitting on Thursday she will resign clearing the way for the 45th Chief Justice who is tipped to be senior Supreme Court Judge K. Sripavan. Understandably there are concerns. One such concern which was promptly laid to rest by the Bar Association was that the verdicts handed down by Justice Mohan Peiris will remain as they are protected by the Constitution. Furthermore, the decision by the Government to appoint a fresh Chief Justice, as it were, will also clear up concerns over the future independence of the position. Procedure and due process have been somewhat muddled in this situation leaving some analysts defending the “musical chairs” of Chief Justice as ends justifying means. With the clock counting down on the 100-day plan there is an ever increasing pressure on the Government to push through vital reforms that would ensure a balance of power irrespective of the aftermath of the upcoming general election. The swift changes of Chief Justice, while positive for the independence of Sri Lanka’s long-burdened Judiciary, also point to the need of stronger Constitutional overhauls that may need to be looked at along with the trimming of executive powers and the establishment of independent commissions. Yet how all these will be managed ahead of an imposing deadline remains the greatest challenge. Former Army Commander Sarath Fonseka also had cause to celebrate as he was reinstated to his full rank as well, complete with all benefits. Restoration of civic rights means ‘The General’ as he is affectionately known, can return to active politics and will likely lead his party at the next elections. It will certainly provide a new dimension to Sri Lanka’s already complex political atmosphere. Under normal circumstances these events would be savored for weeks but they are likely to be old news in less than 24 hours as the Government presents an interim Budget. The much anticipated price cuts in essential items as well as policy positions are likely to dominate public discourse even more than a new Chief Justice.
