Kithsiri wrote: kas wrote: CJ has ultimate powers to control judges
Can you enlighten us all about this Please?
Also don't you see where the ultimate power is here and majority of the members of the select committee members were "Boot licker" of the ultimate power.
The power wants to see her back for obvious reasons.
Can we expect a fair decision from them either then?
Sorry for the late reply friend, first of all I will say that I'm not an expert on legal sector,I form my opinion based on the newspaper articles and materials freely available on Internet.
Sri Lankan Judicial System is mainly controlled by three parties.
1.President of the country- Has the power to appoint, remove CJ & other Judges. However to remove the CJ or a Supreme court judge HE needs to go through the impeachment process,but for high court judges this can be done with the recommendation of Judiciary Service Commission.
2.Parliament- Place where laws are created, also has the power to processes impeachments against CJ & supreme court judges.
3.Judiciary Service Commission - A commission where
CJ is the chairperson which has the power to execute the following
Powers of the Commission
111H. (1) The Judicial Service Commission is hereby vested with the power to -
(a)
Transfer judges of the High court:(b) appoint, promote, transfer, exercise disciplinary control and dismiss
judicial officers and scheduled public officers.
(2) The Commission may make-
(a)
rules regarding training of judges of the High Court, the schemes for
recruitment and training, appointment, promotion and transfer of judicial
offices and scheduled public officers;
(b) provision for such matters as are necessary of expedient for the exercise,
performance and discharge of the powers, duties and functions of the
commission.
(3) The Chairman of the Commission or any Judge of the Supreme Court or Judge
of the Court of Appeal as the case may be, authorized by the Commission shall have power
and authority to inspect any Court of First Instance, or the records, registers and other
documents maintained in such Court, or hold such inquiry as may be necessary.
(4) The Commission may by Order published in the Gazette delegate to the
Secretary to the Commission the power to make transfers in respect of scheduled public
officers, other than transfers involving increase of salary, or to make acting appointments in
such cases and subject to such limitations as may be specified in the Order.[/justify]
http://www.jsc.gov.lk/pdf/Constitution_JCSC.pdf
http://www.priu.gov.lk/Cons/1978Constitution/Chapter_15_Amd.html
Kithsiri wrote: Can we expect a fair decision from them either then?
Answer is we cant, that's why i told in my comment governments are corrupted by default in countries like ours. However the judiciary system was able to keep their value and status until this incident happened, but due to this incident they have also fallen in to the level of politicians which is bad to the country that's the most worrying part for me.
One more thing, constitution is like a vehicle where HE,MPs, and the Judiciary can drive towards the betterment or for the destruction of the country, impeachment process is a fine vehicle in our constitutions as per my opinion, no need for big changes only problem is with the drivers of the vehicle (HE,MPs, and the Judiciary). Ultimately we, the mass majority are the "බත් කන හරක් " who selects the crazy drivers from time to time