Impeachment in focus

Moves by the Government to impeach Chief Justice Shirani Bandaranayaka have stirred up much concern among the moderate public and international community as a step that would have deep repercussions on Sri Lanka’s democracy.

The Government has attempted to explain away the impeachment by insisting that it is in line with the checks and balances integrated into a democratic system by the Constitution. Former Finance Minister and President’s Counsel K.N. Choksy as a Constitutional expert has backed the move (see page 15) as being independent and in line with the practices of other developed democracies.

However, the context in which the impeachment is taking place has drawn fire from many quarters including fellow lawyers. Transparency International head and lawyer J.C. Weliamuna in an emphatic column (see page 15) insists that a series of events have been targeted at the Chief Justice due to her recent judgments. 

He points out that there have been several prominent incidents that have led up to the impeachment starting with the alleged threatening of the Mannar Judge by Industry and Commerce Minister Rishad Bathiudeen and the attack on the Judicial Service Commission Secretary Manjula Tilakaratne. 

In addition, the fast-tracked investigation into the actions of the CJ’s husband Prasad Kariyawasam as the Chairman of the National Savings Bank during the controversial Rs. 390 million stock market deal with The Finance Company (TFC) and the subsequent filing of a case by the Bribery and Corruption Commission has been seen as building up to the impeachment. In the case of Kariyawasam, questions have arisen as to why no other officials involved in the deal have been implicated, in addition to concerns about the lack of transparency in the investigation. When few top officials are ever brought to book over fraudulent dealings, the zealousness of this inquiry has many people suspicious. 

Be that as it may, the tip of this iceberg is clearly the Divi Neguma Bill that seeks to bring all poverty alleviation organisations under one department, giving Economic Development Minister Basil Rajapaksa an impressive amount of power. After the CJ’s verdict put a spanner in the Government’s plans, there was a marked increase in statements from top Ministers calling for the abolishment of the 13th Amendment. This cannot be seen as purely a coincidence, with larger implications on a political solution to the ethic issue also caught up in the melee.

The recently-concluded Universal Periodic Review on Sri Lanka brought out many concerns of the international community, which feels an impeachment would be placing more power with the Executive and sets a dangerous precedent to reduce the power of the position of Chief Justice. The Government, keeping the reasons for the impeachment under wraps, as well as the legitimacy of Parliament doing the duties of a court together with the danger of the due procedure set out lacking in independence, has put the tone of a ‘witch hunt’ on the proceedings. 

At this point, no matter what statement is made by the Government, the political motives of the impeachment cannot be denied. Without a wide public platform and Opposition support, it is unlikely that the impeachment will be seriously challenged and while there is room for criticism of Sri Lanka’s first female Chief Justice as an individual, there is little doubt that the impeachment will set a dangerous precedent for future office holders. For that sake, more than anything else, the public needs to make an informed decision about their Government’s actions.