If Impeachment of Chief Justice is Legal, Why President Rajapaksa uses thugs to force the CJ to resign?
| by Upasiri de Silva
( January 12, 2012, Melbourne, Sri Lanka Guardian ) The main topic of discussion of majority Sri Lankan’s living in Sri Lanka as well as the many thousands of Sri Lankan’s living around the world and the concerned foreign citizens of many Commonwealth and other Western countries is about the illegal impeachment motion against Chief Justice Dr. Bandaranayake by Rajapaksa government. Organisations including the UN(UNHRC),Commonwealth Secretariat, are very closely monitoring this drama which was unfolded by the President of Sri Lanka Mahinda Rajapaksa, pretending to be a good Buddhist.
If the impeachment of the Chief Justice Dr. Bandaranayake is legitimate and according to the established laws and meeting the Sri Lankan Constitution, why President Rajapaksa needs a set of jokers masquerading as Ministers, and the paid government thugs to demand that Chief Justice should resign? If the Standing Order 78 (A) is legally framed and what the MP’s did in the PSC hearing and the parliament is legal, then the Article 107 (3) of the constitution allows President of Sri Lanka to impeach (dismiss) the Chief Justice as she is not a proper and fit person to hold that position according to the Constitution.
Why Mahinda Rajapaksa is afraid of the Construction.
It is well known fact among most Sri Lankans that Mahinda Rajapaksa failed to win the 2010 Presidential election in a proper and legitimate manner and was elected as the President of Sri Lanka, at the 2010 Presidential election. Mahinda Rajapaksa violated the Sri Lankan Election Laws as well as the Sri Lankan Constitution Chapter Vii,. to defeat Sarath Fonseka. Mahinda Rajapaksa and his supporters used thuggery, stuffing of ballot boxes, change the legitimate results by using force on counting agents and computer Jilmart by a team of University students.. The election results published in the Daily News and the Dinamina papers of Sri Lanka had a 10 to 12% discrepancy of the total votes cast and the total votes received by Rajapaksa and the other candidates. This oversight was never checked by them or the people who used to stuffed the ballot boxes and changed the final results by using computers as they knew the main candidate who opposed him, Sarath Fonseka will not have a voice to bring this to the notice of the people, as they plan to imprison him for a very long time.
Mahinda Rajapaksa took his oath as per Article 32 of the Constitution, knowing that he is not the legitimately elected President. Rajapaksa violated the Sri Lankan Constitution and the Rule of Law. But he took his oath to up-hold the Constitution he cheated and afraid of. Now he forced his MP’s to violate the Oath they took to up-hold the sovereignty of the people and to safeguard the constitution by voting for a PSC report, which was set aside by the SC and the Appeal Court, using powers vested on the judiciary (SC) under Article 118 and Article 120, these judicial powers are vested on the judiciary by the constitution. These MP’s took their oath as a MP to up-hold the Sovereignty of the people they represent. Knowing that the PSC report is not a valid and legitimate report prepared by the PSC, as it was prepared as per the Standing Order 78 (A) and this standing order is not establish under the applicable Laws of the country. The violation of the oath taken by each and every MP who voted for the Impeachment motion according to the (Constitutional) Laws of Sri Lanka is liable to loose their Parliamentary seat, if citizens who voted for them file a fundamental rights application under Chapter (iii) of the Constitution, for violation of their rights by these MP’s as they are their lawful representatives.
If President Rajapaksa, can impeach the CJ under the powers vested on him by the Article 107 (3) of the constitution, why is he worried that the present CJ will not step down from her position. Can she if instructed by the SC or the Appeal Court, refuse to abide by any lawful orders of the SC, if President Rajapaksa Issue her an illegal order to vacate the position of CJ. Is this the reason why President Rajapaksa use government thugs and Ceylinco depositors to protest against her asking her to leave her post.
If the Chief Justice Dr. Bandaranayake refused to step down and the SC and the Appeal courts issues another writ to stop this impeachment of CJ by the President what is going to be the official status of the President and how this impasse can be resolved between the Executive, Legislature and the Judiciary?.
Is President Rajapaksa forcing the UNHRC to go for War Crimes?
At present Mahinda Rajapaksa has got his joker Ministers and other paid thugs to paint a picture that Chief Justice Dr. Bandaranayake is making a open invitation to the UNHRC to condemn Sri Lanka and the Rajapaksa government. According to many Rajapaksa created this monster to save a unwanted Bill presented by his brother Minister of Economic Development with very many hidden ulterior motives.
Mahinda Rajapaksa if he take these rash actions to impeach the Chief Justice violating the Judicial Orders, then he is trying to create a monster out of nothing very important for the people of Sri Lanka. March 2013, UNHRC meeting is very crucial for Sri Lanka as two of her supporters are not members anymore.
CHOGAM meeting to be held in Sri Lanka will be at risk if Mahinda Rajapaksa fail to take appropriate measures to settle this impeachment motion and the badly prepared report by the 7 (seven) jokers MP’s. This is a time Mahinda Rajapaksa should use his common sense to overcome these entire obstacles if not he may be facing violation of Human Rights of Sinhalese as well as Tamils including the War Crimes, which has taken a back burner for the time, may surface again at the March UNHRC meeting by the Tamil Diaspora and other international members. Mahinda Rajapaksa should not allow members of his government and his two brothers to undermine the Rule of Law as there is a very grave danger circling around Sri Lanka due to bad decisions taken by many.