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

e delivered to the Chief Justice, and required her to respond by 22 November 2012
to the charges contained in it. A request for further time was refused.
17. Meanwhile, several applications were filed in the Supreme Court and the Court of
Appeal by various persons, including the Bar Association, challenging the
constitutionality of the Standing Order under which the Select Committee was
established. Notices served by the two Courts were not accepted either by Speaker
Rajapakse or the members of the Select Committee. A “recommendation” of the
Supreme Court that the proceedings of the Select Committee be deferred pending a
determination on the matters referred to Court, was ignored by the Select
Committee.
Inquiry by the Select Committee
18. On 4 December 2012, the first day of inquiry, large placard-carrying crowds,
believed to have been transported by certain members of the Government
Parliamentary Group, shouted abusive, derogatory and defamatory slogans against
the Chief Justice outside the premises of Parliament. On that day, and thereafter,
the Government controlled media has continuously subjected the Chief Justice and
Judges of the Supreme Court to virulent attacks.
19. The Select Committee proceedings were conducted by the Chairman (a Cabinet
Minister) and other Government Members in callous disregard of the rules of natural
justice (which, according to the Chairman of the Select Committee, applied to the
“people”, but not to “the people’s representatives”). When the Chief Justice objected
to two Government Members continuing to serve on the Select Committee because
she had recently heard and determined cases in which they were involved, these
two Members overruled the objections stating that the rule against bias did not apply
to Members of Parliament.
20. On 20 November 2012, the Chief Justice requested that relevant information be
provided to enable her to respond to the allegations. This was not provided. On 23
November 2012, Counsel for the Chief Justice requested that a list of witnesses and
a list of documents relied upon in support of the allegations be made available.
These were not provided. On 6 December 2012, at about 4 pm, the Select
Committee handed over a bundle of documents consisting of approximately 1000
pages and required the Chief Justice to respond by 1.30 pm on the next day, i.e. in
less than 24 hours. It was obvious that the Government Members of the Select
Committee had no real intention to give the Chief Justice a fair hearing.
21. The Select Committee was repeatedly requested by the Chief Justice to formulate
the procedure that it intended to follow. There was no response to this request. On
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