The Bar Association of Sri Lanka (BASL) at a Special General Meeting yesterday resolved unanimously to request President Mahinda Rajapaksa to reconsider the impeachment process against Chief Justice Shirani Bandaranayake. The request was made in one of the three resolutions adopted at the sessions where 2,500 members from all over the country took part. The [...]

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BASL calls on President to reconsider impeachment, seeks fair trial

By Wasantha Ramanayake
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The Bar Association of Sri Lanka (BASL) at a Special General Meeting yesterday resolved unanimously to request President Mahinda Rajapaksa to reconsider the impeachment process against Chief Justice Shirani Bandaranayake.

Lawyers supporting and opposing the impeachment motion against the Chief Justice engaged in a heated argument after three resolutions were passed by the BASL yesterday. The pro-impeachment motion lawyers wanted a resolution drafted by them adopted. The fiery verbal duel broke out when this was not allowed. Pic by Indika Handuwala

The request was made in one of the three resolutions adopted at the sessions where 2,500 members from all over the country took part. The meeting was held at the Colombo District Court premises in Hulftsdorp.
BASL Secretary Sanjaya Gamage told the Sunday Times the resolution was adopted in view of the speech made by President Mahinda Rajapaksa on December 11 that he would appoint an independent committee to evaluate the report of the Parliamentary Select Committee (PSC) that probed the impeachment motion against the Chief Justice.

The sessions turned stormy when pro-government lawyers tried unsuccessfully to push through their own resolutions.

In case the government MPs who were signatories to the impeachment motion wished to proceed with the impeachment process, a second resolution called on the Speaker and the Parliament to enact fresh laws which would ensure a fair trial for Supreme Court and Court of Appeal judges facing impeachment in keeping with the principles of natural justice, Mr. Gamage said.

He insisted that such laws needed to be passed before proceeding with the impeachment against the incumbent Chief Justice.

If a fair trial was denied to the incumbent Chief Justice, the BASL would not welcome the newly appointed Chief Justice, the BASL resolved in a third resolution.

This would mean the BASL would not host the traditional dinner to welcome the new Chief Justice and would also keep away from the ceremonial inauguration of the new Chief Justice, she said.

According to Mr. Gamage, two more resolutions were not taken for a vote. One of them called for BASL members not to appear before the new Chief Justice, if the incumbent Chief Justice was not given a fair hearing. This resolution was signed by 440 signatories. The other resolution signed by 330 members called on the members not to interfere with the impeachment process.

In a related development BASL Deputy President Anoma Gunathilake alleged that the BASL had been politicised and she would resign from her post tomorrow.

She alleged that yesterday’s meeting was not conducted democratically and only those who were opposing the impeachment motion were allowed to speak while those who were supporting the motion were not allowed to speak.

She said she would continue her fight to create an independent Bar Association.BASL Secretary Gamage responding to the allegations said they only stopped members who tried to speak on issues not relevant to the current crisis.




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