Flawed Process

Nov 21, 2012 (LBO) – Friday Forum, a citizen group said impeachment proceedings launched against Sri Lanka’s chief justice was “deeply flawed” and is perceived as an attack on institution that is independently working in the public interest. The Friday Forum said the process by a select committee was flawed and has attracted criticism from 1984 when it was used against a then chief justice Samarakoon who gave decisions that annoyed the executive.

Quite apart from the above legal argument, it is crystal clear that the process is deeply flawed in principle.

“The current Select Committee procedure does not provide for the investigation and determination of the allegations by an independent judicial body,” the Friday Forum said.

“It permits Parliament to be a judge in its own cause at every stage of the impeachment proceedings.”

The current impeachment came after the Supreme Court ruled against some provisions in a bill relating to the powers of provincial councils.

“The timing of the impeachment creates an impression that the government is subverting the right and duty of the Supreme Court under our Constitution, to review and determine the validity of proposed legislation, without interference from the legislative an