HINDU SAYS RAJAPAKSA HAS PLACED HIS INTEREST OVER THAT OF THE COUNTRY
By Walter Jayawardhana
India’s influential newspaper the Hindu said in a hard hitting editorial that the Sri Lanka President Mahinda Rajapaksa has placed his and and his regime’s interest over that of the country and its institutions when the Sri Lankan Chief Justice Dr. Shirani Bandaranayaka was impeached and replaced.
The newspaper said it would certainly lead to international blame and condemnation.
“The episode is one more instance of President Mahinda Rajapaksa placing his own and his regime’s interest over that of the country and its institutions. It is certain to contribute to institutional decay, attract international opprobrium and underscore the impression that Sri Lanka is ruled not by law but by the will of individuals,” the leader editorial said.
“Sri Lanka’s democratic institutions are in ferment once again. The impeachment of Chief Justice Shirani Bandaranayake and her quick replacement with former Attorney General Mohan Peiris come as an unsavoury climax to an unedifying standoff between the judiciary on the one hand and the legislature and executive on the other. The episode is one more instance of President Mahinda Rajapaksa placing his own and his regime’s interest over that of the country and its institutions. It is certain to contribute to institutional decay, attract international opprobrium and underscore the impression that Sri Lanka is ruled not by law but by the will of individuals. And the worrying fact about the country’s travails is that its chief executive, who ought to be the one most concerned about it and do more to strengthen them, is actively contributing to the undermining of its institutions. The country’s Parliament ignored judicial decisions against the validity of a parliamentary inquiry against Chief Justice Bandaranayake and went ahead with her impeachment. Mr. Rajapaksa lost little time in accepting the impeachment motion and appointing the Cabinet’s legal adviser to replace her. To external observers, the merit, or lack of it, in the charges said to have been proved against Ms Bandaranayake is of little consequence. Rather, the timing of the impeachment — coming close on the heels of a Supreme Court determination that a new law on development needed ratification by all provincial councils — is worthy of notice. The process, too, was of doubtful legitimacy, and the parliamentary vote, largely on party lines.
“The legal fraternity in Sri Lanka is already up in arms against the appointment of a new Chief Justice, as large sections of it seem to believe that the impeachment is a nullity as the parliamentary report based on which it was pursued has already been quashed by the Court of Appeals. Even if Mr. Peiris settles down in his post, it is doubtful if his rulings will command credibility. President Rajapaksa may be unable to undo this irreversible action, but the latest institutional crisis might help remind him that cleansing the judiciary is not a perfunctory task; rather, it requires a well-thought-out process involving appropriate legislation that safeguards the institution’s independence while ensuring a truly independent inquiry into charges of misconduct against judges.
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Hindu’s opinion need not be taken seriously. They always keep on cahnging their stripes. They have been ardent supporters of the Rajapaksa Government and something is biting them now.
‘The Hindu’ is another rag whose comments cannot be taken seriously as it is the voice of the Indian Govt and the imperial West.
I suggest that ‘Hindu’ clean up the massive corruption in India in the political front as well as in other areas. Has ‘Hindu’ campaigned vehemently against the daily rape of women in the caital city of India alone? Has the ‘Hindu’ campaigned against the corruption of Indian Police who turn a blind eye to rape and crimes against women in India?
What has ‘Hindu’ done about the deeply rooted caste system prevailing in India, which is utterly unjust since so-called ‘low caste’ people have absolutely no human rights in India?
What has ‘Hindu’ done about the massive poverty prevailing in India such that millions of children go to bed starving?
Being a sovereign sate we have to exercise the will of the people and the will of the people is represented by the parliament and not the International community. A majority of the members are lawyers capable to reason justice in the interest of the people whom they represent and they have every right to pass judgment collectively on appointments made through an act of parliament.
There s a lot to be desired in our legal system. Cases brought before the courts takes years to be resolved and then u are always at the mercy of the Lawyers.
Layers who go through this mill end up being magistrates and judges amd magistrates and continue there corrupt practices. It is for the Chief Justice and his office to resolve these issues. We have yet to hear of a corrupt lawyer to be tried in our courts ….but the they are honorable and learned and above the law.
If the CJ had been honorable she ought to have tendered her resignation no sooner her husband was accused of embezling
Zama is quite right. No sooner her husband had been exposed to have embezzled large amounts of savings of other people from the NSB, where he was chairman, the wife should have tendered her resigantion from CJ post. However, she did not as she was in league with him with multiple accounts at NSB which they kept cashing in and changing every year. They were selfishly and dishonestly enriching themselves.
Hon President gave her ample chance to resign keeping her pension also intact. But she gambled instead, to put up a fight. She lost roundly. She had to be dragged out of the court now as she is still pleading innocent shamelessly and arrogantly,using her coterie of a few equally corrupt lawyers to try to create a riot with a rent-a-mob leftist goons for support, with imperial West and other enemies of the One Nation defending the corrupt one. I am glad she was ultimately booted out by the Hon President!