Saturday, December 22, 2012
They had no other choice!! But to be a parrot – Repeat Repeat!!
In my previous entry I questioned why there was no response. It just took a while in coming and what better way than give the task to the Deputy Speaker, to say, as I said they would, that they will ignore the Notice.
As I said, the Court had no option but to come to the conclusion they did and further the Speaker had no option but to make the statement he did, in that they will DISREGARD the notice of the Court of Appeal. Of course they cited Anura Bandaranayake’s citing of “Parliament being supreme” argument, which overrides any ‘BODY’ trying to overrule them.
SO we are back to the status quo and the direct conflict of the Legislature with the Judiciary. It appears that it is a stalemate with Parliament bent on pulling rank, citing that the people have directly entrusted this responsibility on them, and the Courts Job is merely to interpret the law and the Constitution that has been duly approved by the Legislature.
This is another reason the Leader of the Opposition gagged his parliamentary colleagues NOT to make any statements regarding the Impeachment as they will contradict themselves and may make statements they will come to regret. SO only the General Secretary will be permitted to make any statements, no doubt after consulting Ranil Wickremesinghe who is on a European Trip, with a scheduled meeting with the Pope.
In this instance the Parliament made the easiest decision, as I noted yesterday, as they had NO other choice. What does all this boil down to? The Chief Justice of Sri Lanka has no recourse to the Law when injustice is done to her. That is now a fact. How does she seek legal redress for that right? Does she have to go to an international Tribunal to rule on this? If so, does it have jurisdiction over Sri Lanka, and if so how is it enforceable?
It all amounts to a hill of beans, there will be a debate UNLESS the Govt. decides to drop the impeachment, and the CJ will be impeached and she will just be removed. The Judiciary will have NO more powers over that decision and will not be able to contest that. If that happens and BASL does not accept a new CJ, then we will be in a state of anarchy as there is no judiciary that anyone can go to in the event of a wrong being done to them, and they seek recourse through the courts. We are near that state of Anarchy/Chaos.
Let us hope it does not come to that and Common sense prevail.