The Bar Association of Sri Lanka (BASL) has condemned the move to impeach Chief Justice Sarath N. Silva. “We strongly and unreservedly condemn the presenting of the motion of impeachment and strongly urge the MPs to withdraw the motion,” the association said yesterday, after an emergency special general meeting.

The association’s statement is as follows:

“It has been reported in the media that a Resolution signed by Members of Parliament is scheduled to be handed over to the Speaker of the parliament in terms of Article 107 of the Constitution moving for the impeachment of Sarath N. Silva, PC, the Chief Justice of Sri Lanka. While recognizing that the Constitution of the Democratic Socialist Republic of Sri Lanka permits the presentation of such a motion, we are perturbed to note that it is being initiated following to a reference made by the President to the Supreme Court invoking the jurisdiction of the Supreme Court in terms of Article 129 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Article 129 of the Constitution confers a right and imposes an obligation on the holder of the Office of the President of the country to make a reference on any question which in his or her opinion is a question of public importance.

“The formation of an opinion to invoke the jurisdiction of the Supreme Court under Article 129 of the Constitution is entirely a matter for the President of the country. Once such a reference is made the Supreme Court has a constitutional duty to make a determination in respect of the matter referred to the Supreme Court by the President.”

“The jurisdiction conferred on the Supreme Court by Article 129 is an exclusive jurisdiction and any attempt to undermine the jurisdiction or judicial power exercised by the Supreme Court is a direect interference with the independence of the judiciary of this country.”

“The Chief Justice assumed duties as the Chief Justice of the country on 16/09/1999. He has served in such capacity during the regime of two consecutive Governments over a period of 4 years.”

“We are concerned that the said Resolution is to be moved at a time when a determination is pending consequent to a reference by the President on a question of public importance in terms of Article 129 of the Constitution.”

“In the recent past there had been many attacks on the independence of the judiciary and legal profession. The BASL has viewed such criticism and interference with concern.”

“The BASL cannot in any event and under any circumstances subscribe to any act which has a direct impact on the independence of the Judiciary.”

“The BASL has over the last 29 years stood for the honour of safeguarding the Rule of Law. Our Association has always acted with sole objective of protecting the independence and esteem of the legal profession and the judicial mechanism.”

“The BASL has always remained non political and will continue to do so.”

“In the above circumstances, we strongly and unreservedly condemn the presenting of the Motion of impeachment and strongly urge the Members of the Parliament to withdraw the said Motion.”