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The Good News And The Bad News

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The Good News And The Bad News

Colombo Telegraph

By Kath Noble -November 7, 2012

Kath Noble
The good news is that there is nothing illegal about impeaching the Chief Justice. If one third of MPs sign a petition requesting it and one half approve the petition once it is presented in Parliament, the Constitution says that she has to go.
That’s reassuring isn’t it?
It is what the Government has been claiming, in any case.
Unfortunately, the bad news is that if Mahinda Rajapaksa can remove the Chief Justice for doing nothing more than failing to support him wholeheartedly, tomorrow it may actually be illegal to fail to support him wholeheartedly. For who is to stop him passing a bill to that effect? It won’t be MPs, that’s for sure. They are firmly stuck under Mahinda Rajapaksa’s thumb. And the Chief Justice would by then know better than to rule the legislation in violation of the Constitution, since to do so would be to guarantee early retirement.
The matter of proving ‘misbehaviour’ or ‘incapacity’ is totally insignificant in the circumstances, as the administration has demonstrated that it has absolutely no shame.
International scrutiny is laughably ineffective – the Government was perfectly happy to announce the impeachment attempt as its representatives were preparing to defend its record at the Universal Periodic Review in Geneva, where it was bound to attract condemnation.
Indeed, it seemed determined to antagonise its critics, as just days before Gotabhaya Rajapaksa had once again raised the prospect of repealing the 13th Amendment.
Let this be a warning to those who look overseas for solutions to Sri Lanka’s problems.
The only opinions that matter are those of voters.
This is good news for the judiciary, since people can relatively easily be persuaded of the importance of the law and judges who apply it judiciously. The attempted impeachment of the Chief Justice has already drawn a forthright and near universal response in the media. Public opinion will eventually follow, and we will soon find out whether or not this will happen in time to save the current incumbent. Let us hope so, whatever we think ofShirani Bandaranayake.
Although the Government hasn’t deigned to explain what she has done to attract its ire, we can assume that it has to do with the Divi Neguma Bill, which I discussed in these columns some months ago.

Curiously enough, the same dispute has also been used to justify the repeal of the 13th Amendment.

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