BATTLE FOR SUPREMACY

Now, the vain-glorious battle for supremacy between the legislature and the judiciary is on full swing with the whole world watching this drama undertaken by the Government of Sri Lanka whose main objective is to take revenge from the Chief Justice who delivered independent judgements which went against some of the provisions of`certain Bills brought in by the Government as urgent ones. Whilst there is no doubt that the judicial decisions have been strictly in accordance with interpretation of the Constitutional provisions, the Government too is making a hue and cry that the Impeachment of Chief Justice is also in accordance with the Constitution.


Whatever the outcome of this ugly saga, it will only result in bringing disrepute to the country as well as creating another hero(ine) just like they did with General Fonseka who was even imprisoned to “teach him a lesson” for opposing the powers that be.

Just the other day, Ven. Athuraliye Rathana Thera of JHU – a constituent partner of the government – expressed his opinion on the Executive Presidency saying that since all citizens are equal under the law, it is necessary to make the Executive President too to be under the law – and not above the law - of the land with the President at the same time being answerable to the Parliament as well. He went on to say that the President should also not hold ministerial positions except for the Ministry of Defence. Sound advice, indeed, coming from a member of a political party affiliated to the UPFA government.

There is nothing called absolute power and those who signed for the resolution against the Chief Justice and those who now sit on judgement, might do well to read the following well known poem by Martin Niemooller, a prominent Protestant pastor who emerged as an outspoken public foe of Adolf Hitler:

First they came for the Socialists, and I did not speak out--

Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out--

Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out--

Because I was not a Jew.

Then they came for me--and there was no one left to speak for me.