Friday, November 23, 2012
So what did the Court decide? – A cop out for the moment!
The Supreme Court decision last evening, in a 3 judge panel, obviously excluding the CJ (I think it should have been by a larger panel of at least 7)
pleaded for more time in determining the constitutional interpretation of Article 107(3) of the Sri Lanka Constitution, relating to the procedure of impeachment against a judge. That is fair considering the weighty task handed to them. In the same ruling they recommended that the PSC withhold from meeting, (therefore not call the CJ today) until such determination has been made.
What did the Deputy Speaker as a macho gut reaction say last night? That the PSC will meet as planned, with the CJ in attendance to answer questions, as he and Parliament had not received the Supreme Court ruling!!
The Supreme Court registrar is working feverishly as I write this to ensure the ruling is delivered personally by Messenger Service to the respondents to the petitions, who I believe are all the members of the PSC!
Whilst the papers have said that the CJ has handed her written response to all 14 charges to the PSC already, it is unlikely that by 10.30am she would be questioned by the PSC, and instead it would be postponed till after November 28th when a ruling is expected.
If the ruling goes against the PSC, then I am sure the Speaker will use Parliamentary Supremacy over the Judiciary and overrule it, and convene the PSC and continue hearing the case, whilst a number of legal luminaries will argue if it is Constitutional! However if Parliament oversteps the Judiciary, we effectively in Sri Lanka have surrendered our soul and actually our life to a bunch of idiots in Parliament over supposedly learned Judges, who can determine our fate, whether we live or die.
It is for the citizens of Sri Lanka to realize how important their vote is as and not elect incompetent illiterate buffoons to parliament due to some popularity they may have as an actress or sportsman and thereby degrade the whole institution that has ultimate power over all of us.
Personally I would rather leave life and death decision to the Courts, and NOT to Parliament which by definition in the Sri Lankan context comprise people who ARE bought for money and NOT principles.