THE Parliamentary Select Committee … that probed charges against Chief Justice Dr Shirani Bandaranayake has found her guilty on three counts. It concluded its proceedings and produced a report at such an amazing speed that one wondered whether it wanted to finish its work before the end of the world predicted by the Mayans! The seriousness of charges against the CJ cannot be cited in justification of the extraordinary haste on the part of the government in trying to impeach her….

Similarly, the fact that there are constitutional ambiguities about the removal of judges and the methods employed by the government to impeach the CJ are questionable cannot be cited in support of the argument that all charges against her are baseless. For a government with a simple parliamentary majority, removing a Chief Justice is easy…. But, in so doing it is sure to incur much international opprobrium and have its democratic credentials severely dented. The International Commission of Jurists (ICJ) has already fired a broadside, claiming that [the PSC] “hearing ignores international standards and violates due process”.

Government politicians may argue that their course of action is consistent with precedents and constitutional provisions…. What it has done is like using contaminated instruments in a delicate surgery; the operation may be ‘successful’ but doomed will be the patient! ... However, let it be added … that the proper process must be followed not only in removing judges but also in appointing them. It is imperative that the political authority be stripped of powers to appoint judges to the Supreme Court arbitrarily….

The county is faced with a very serious issue…. It is not just a question of removing the incumbent CJ; the unfolding impeachment drama … is fraught with the danger of rendering all judges of the apex court, both present and future, insecure.—(Dec 9)