Saturday, December 8, 2012

How would you feel if you were a practicing Lawyer in Sri Lanka?



The moment of truth has arrived for the Legal Profession in Sri Lanka, to determine if they wish to have any recognition for competence and professionalism or if they wish to forever be destined into being considered merely to do someone else’s bidding, as a paid servants without recourse to arguing a case on its merits or being true to the oath of office.

It is this simple choice that they MUST make and decide what it is going to be. If they choose professionalism, in order for them to be true to their oath of allegiance, they will first have to remove the Attorney at Law tag on a number of people who were party to the lynching including of course the President if he still keeps his license current. December 8th will be known in history as a day when all checks and balances in this democracy were finally killed, and buried.

What is done is done, we cannot change what was meant to be from the beginning. If anyone thought that the outcome today was going to be any different they certainly do not live in Sri Lanka. This was demanded and got.

There is this claim that the PSC can choose its own methods, as it is not a judicial court, however the precedent is for the same principles, as otherwise there is no criteria of measurement for reasonableness. Further the outcome of the SC hearing, if some of the PSC members are in fact partial, does not deter the PSC from its findings and also its conclusions and recommendations.

There is only one course of action open to the Legal Fraternity, if it is to come out of this with their profession intact, and that is simply to refuse to perform their normal duties, i.e. not practice until the matter is resolved in accordance with natural justice and the rule of law. This will force the Govt. to rethink its strategy and backdown in the face of unprecedented pressure; something only the lawyers can do and must do, in the interests of Justice in Sri Lanka.

Once the impeachment is recommended by Parliament and the President impeaches, and appoints a replacement, ONLY the absence of the Lawyers from court will ensure that the new Chief Justice, and along with him, all judges will be impotent, with NO cases to hear. It will then be incumbent upon the new CJ to resign his office as he is unable to perform his duties, leading to a Constitutional Crisis of mega proportions, where with No judiciary, both Parliament and the Executive, namely the President will have to back down.

2 comments:

Anonymous said...

this is a purely political argument calling for political action to undo the results of a political committee.

the fact of the matter is the lady was probably guilty of the charges and impeachable, as was Sarath Fonseka, and I'm hearing nothing in this blog entry about the validity of the case in her favor as it is likely a weak argument.

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