I
read in the media about CJ Mohan Peiris’s demand that if he is to resign he
should be compensated with a post of a diplomat. Although I am a layman in the
field of judicial matters, but from a common sense point of view, I would like
to raise the question whether he has proved himself qualified to hold the post
of a diplomat or for that matter even the post of Chief Justice.
Everyone
knows that a judge is duty bound to uphold the independence and the integrity
of the judiciary. Never a judge should allow himself be influenced by his personal
political preferences. Another responsibility that a judicial officer ought to
undertake is to win the confidence of people.
In the case of Chief Justice Mr. Mohan Peiris, we are
compelled to question whether the above standards were maintained by him. The
loss of confidence in the present Chief Justice arose because of his
inappropriate conduct was reported in the media.
People saw in the media his presence at the new year celebration of the Rajapaksha
family. Another such occasion was his visit to Vatican with the President
Rajapaksha. Then was his presence at the Temple trees in the early hours of the
9th of January when the results were being announced.
If
Mr. Peiris has not ever denied any of these allegations, he has himself
admitted that his conduct has been not in accordance with the accepted norms of
behavior prescribed for a judicial officer.
Amidst all these he has now being questioned by the Police, a
thing which has never happened in the history of Sri Lanka.
All
these instances prove his intimate association with the former President. Does the
office of Chief Justice allow such familiarity with a politician? When one assumes the office of judge, he cannot
allow himself be dictated by what is in his heart. He has to comply with a
restrained behavior that his office imposed on him.
The
office of a judge who dispenses justice demands independent behavior without partiality
to anyone because not only must justice be done, it must also seen to be done."
In
my view he seems to have failed in all these matters. What is now left
for him is voluntary resignation. If for some reason he does not, the citizens
of this country need to act. The foundation for democracy sovereignty rest with
the people. I am reminded of the quote which
says “There may be times when we are powerless to prevent injustice, but there
must never be a time when we fail to protest.”
