World Video | Defence | Foreign Affairs | Natural Events | Trade | NZ in World News | NZ National News Video | NZ Regional News | Search


Sri Lanka: Supreme Court Can Now Decide on Correct Procedure

November 21, 2012

A Statement from the Asian Human Rights Commission

Sri Lanka: The Supreme Court Can Now Decide On The Correct Impeachment Procedure

It is the Supreme Court that should have created the disciplinary process for judges. The executive or legislature should not have usurped the function of the judicial branch, which is an independent branch. The Standing Orders relating to impeachment of judges should only have been adopted on the advice and the approval of the Supreme Court.

Now that several petitions against the impeachment are before the Supreme Court, the court has the opportunity to correct the wrong procedure that has been followed earlier by the Parliamentary Select Committee, in drafting and adopting the Standing Orders as it stand now.

Had the court been earlier consulted, it would have given advice on the basis of law as to how to draft the Standing Orders in a way that will not violate the status and the dignity of judges of Sri Lanka. The court can now take notice of the injustice that has been caused to the judiciary in adopting the Standing Orders as they are now and use this occasion to undo the historic injustice.

The unjust Standing Orders have been used on three occasions, causing grave problems for three Chief Justices. It could have caused anxiety to all others. Any day, these procedures could be used by anyone. Now the Supreme Court has a historic opportunity to take a matter that strictly belongs to it to its own hand, and make it safe for all judges in the future.

The lawyers of Sri Lanka has expressed their condemnation of the abuse of impeachment process and demanded that the law relating impeachment be in conformity with the best practices recognized throughout the world. The eight resolutions passed by the bar association is a clear indication of what the lawyers of Sri Lanka wants on this particular issue.

Bar and Bench should now make this occasion to let the nation know that they will defend legality against illegality at all cost.

Read this statement online

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.


© Scoop Media

World Headlines


Werewolf: America, The Gated

How, in a global metropolis like New York, do you write about immigration as a problem to be solved? And yet immigration is a hot button issue among those fighting to break away from the unruly clump of starters in the race for Republican nominee. More>>


Binoy Kampmark: US Bomb Strikes Hospital In Kunduz

According to US military sources, “there may have been collateral damage” to the medical facility. “This incident is under investigation.” A statement issued by the office of the President Ashraf Ghani said that Army General John Campbell, chief of US-led forces in Afghanistan, apologised. More>>


Binoy Kampmark: The Fall Of Tony Abbott

The question was one of timing. The Coalition had been registering losses in poll after poll. The Abbott style hardly improved after a spill was forced on the party. Despite claiming that he would be ushering in a spring clean, he continued bypassing ministers and MPs... More>>



Pacific.Scoop: Smaller Pacific States Call For Coal Moratorium

PNG Loop: Leaders of the Pacific Smaller Island States have called on all nations – especially the advanced economies in the region – to rise to the challenge of climate change. They want to steer the world on a path where climate change is no longer a threat to earth. More>>


Get More From Scoop

Search Scoop  
Powered by Vodafone
NZ independent news