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CJ 43 Shirani B shows up at BASL convocation
View(s):Chief Justice 43 Shirani Bandaranayke made her first public appearance yesterday after she was controversially impeached by Parliament and forced out of office. The occasion was the 39th sessions of the Bar Association of Sri Lanka (BASL) at Navarangahala where Upul Jayasuriya was inducted as the new president.
Chief Justice 43 Shirani Bandaranayake congratulates Upul Jayasuriya, the new President of the Bar Association of Sri Lanka, soon after he was inducted at the convocation held at the Navarangahala yesterday. Also at the head table are former Supreme Court judge C.V. Vigneswaran (extreme left) and former Attorney General Sunil de Silva. Pic by Indika Handuwela
As she walked into the auditorium, she was introduced as the 43rd Chief justice of Sri Lanka and was escorted to her seat at the head table. Dr. Bandaranayake sat behind a name board that said “Her Ladyship Dr. Shirani Bandaranayake”. Significantly, Chief Justice 44 Mohan Pieris was not invited for the function where traditionally the Chief Justice is invited to be the chief guest. Justice Minister Rauff Hakeem, who was invited, did not show up while Attorney General Palitha Fernando was present at the venue but left before proceedings began.
Mr. Jayasuriya in his address referred to the impeachment of Dr. Bandaranayake and said the lawyers rightly saw it as a violation of the norms of fair trial that they cherish. “In each day of our lives, in our professional work, we try to guarantee this right of a fair trial to our clients whatever their social or economic status and standing,” he said. “Every night, as we study our briefs and every working hour we spend in court, this is our preoccupation.”
“Ensuring fairness is not just rhetoric for us but the very essence of the vocation to which we dedicate our lives,” he continued. “It was therefore natural for all of us to stand up for the defence of this right for the 43rd Chief Justice.” Mr. Jayasuriya added that the judiciary and the Bar must be united in their struggle for independence of the judiciary. Former Attorney General Sunil de Silva delivered an address but Dr. Bandaranayake did not. In fact, many of those who attended the event yesterday hadn’t even been aware she would turn up.
Among those who exchanged pleasantries and posed for photographs with Dr. Bandaranayake was Chandrika Kumaratunga, the former President. While there were many empty seats in the auditorium at the beginning of proceedings, they filled up as the evening wore on.
Foreign diplomats, politicians and senior members of the clergy were also present. All of this, combined with Dr. Bandaranayake’s presence, led one lawyer from Kegalle to comment that the event was too political for his liking.
“I was a bit surprised to see her (Dr. Bandaranayke) here,” said H.R.P. Senanayake. “I think we should let the politicians do politics and we must act like professionals.”
G.E.D. Gooneratne, a lawyer with 55 years in active practice, said, “As far as the Bar Association is concerned, we are entirely apolitical. We are not interested in persons or personalities. We are only interested in the institution of high office of the Chief Justice and rule of law which are the last bastions of democracy. If they fail, our country will be doomed and there will be anarchy, strife and bedlam.”
Retired Supreme Court Judge C.V. Vigneswaran delivered a hard-hitting speech in which he called the impeachment of the Chief Justice “legally faulted”. He said Sri Lankans had a tradition of becoming very agitated and emotional about matters and thereafter forgetting such matters completely.
“I found our Judges and others in the legal profession who vociferously stood by the wronged Chief Justice of this Country just the other day, suddenly taking an about turn,” he said. “It is the highest court that has to take the greatest responsibility but how spectacularly they have capitulated.”
Justice Vigneswaran commented on the absence of Mr. Hakeem and Mr. Fernando. “The absence today of one of the special invitees, whose religion and whose profession are under attack, underscores the extent of the pressures exerted on even well meaning individuals, and the debilitating effect it has on their ability to act according to their conscience,” he said.
Meanwhile members to the Executive Committee of the Bar Association of Sri Lanka were elected yesterday. Prasanna Jayawardana was elected deputy president (uncontested) and Upul Deshapriya as treasurer.
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