Letter dated 14 December 2012 - The International Criminal Law ...

anged from a milder course of action to a more confrontational resolution in
Parliament where, it was pointed out, only a simple majority would be sufficient”.
11. On 7 October 2012, the JSC Secretary was assaulted by four unidentified men
shortly after he had dropped his wife and son at school, and was admitted to the
Colombo National Hospital with severe injuries to his face and head. No one has
been charged or even arrested in connection with this incident. On the following
day, work in all High Courts, District Courts and Magistrates Courts came to a
standstill when judges kept away in protest over the assault on the JSC Secretary.
12. On 10 October 2012, President Rajapakse’s brother, Basil Rajapakse, Minister of
Economic Develoment, tabled the Divineguma Bill in Parliament and reported that
eight of the nine Provincial Councils had approved it, and that, in the absence of a
Provincial Council in the Northern Province, the Governor of the Province had
approved it. On the same day, the constitutionality of the Bill was again challenged
in the Supreme Court, on the ground that the Governor was not authorized to
approve it in the absence of an elected Provincial Council, and the matter was listed
for argument before a Bench chaired by the Chief Justice.
13. On 25 October, the Bribery Commission filed a charge in the Magistrate’s Court of
Colombo alleging that Mr. Kariyawasam “had attempted to cause a monetary loss of
Rs.391 million to the Government by the unlawful purchase of The Finance
Company shares.” The Magistrate noticed him to appear in court next year, on 28
February 2013.
14. On 1 November 2012, the Supreme Court submitted to President Rajapake and to
Speaker Rajapakse its determination that the Divineguma Bill required not only a
two-third majority in Parliament (since the Governor of Northern Province could not
approve the Bill in the absence of an elected Provincial Council), but also approval
at a referendum (because of certain other contraventions of the Constitution).
15. On the same day, 117 members of the Government Parliamentary Group, purporting
to act under Article 107(2) of the Constitution, presented a resolution to Speaker
Rajapakse for the presentation of an address to President Rajapakse for the
removal of the Chief Justice. The resolution contained 14 charges.
Appointment of the Select Committee
16. On 6 November 2012, the resolution was placed on the Order Paper of Parliament.
On 14 November 2012, Speaker Rajapakse appointed a Select Committee of 11
Members of Parliament (seven Cabinet Ministers and four Members from among the
Opposition Parties) to investigate and report to Parliament on the allegations set out
in the resolution. On the same day, the Select Committee caused the resolution to
Executive Committee members
Majuka Fernandopulle-+9477344477,Achala Kumarasiri AAL-+94712080141 ,Kelum Kumarsingha- +94772994951,Supun
Wickramaratne-+94774810515 Sadamal Rajapaksha-+94714197650,Thanuka Madawa-+94715527766,
Dasanta Ihalage-+94719081380,Nuwan Bopege-+94718403608