Last updated: 30 October, 2011 – Published 12:58 GMT

Sri Lanka parliament

Sri Lanka parliament is to appoint a PSC to probe Mr Silva’s tenure

A former chief justice in Sri Lanka has launched a public battle against moves by parliament to investigate his tenure as the head of the country’s judiciary.

Sarath Nanda Silva accused the government of trying to re-create slavery by taking disciplinary action against retired judges.

Mr Silva, whose ten-year term as the Chief Justice was marred with controversies, said attempts by the parliament to investigate his tenure by a parliamentary select committee (PSC), is politically motivated.

The speaker of the parliament is to appoint a PSC after 75 MPs made a request to investigate his tenure, in which a group of judges were unfairly dismissed by the former CJ.

"It is only slaves who are indebted to their employer until the death. These MPs are trying to create slaves out of our judges," said Sarath Nanda Silva.

Politically motivated

A judge or a government official is only responsible for the parliament until he or she retires, according to the former CJ.

It is only slaves who are indebted to their employer until the death. These MPs are trying to create slaves out of our judges

Sarath Silva, former CJ

But the proposed investigation into his tenure by the parliament, said Mr Silva, will create a new precedent that makes the government employees responsible for their action until their death.

The move is aimed at taking revenge for campaigning against the executive presidency, said Mr Silva, while supporting the presidential campaign of former army commander Sarath Fonseka.

Mr. Silva heads an opposition pressure group Voice Against Corruption aimed at exposing alleged corrupt practices in the government.

"This action is not against what I did as the chief justice but to punish for what I did afterwards," he told the journalists in Colombo.

The Unfinished Struggle

There is no disciplinary action that can be taken against him by the parliament apart from "slinging mud" at him, the former CJ added.

Sarath N. Silva chose to exercise his powers in waysthat further sapped the independence of the lowercourts and the Supreme Court

ICJ report

He said that the parliament will need to introduce a new legislation to suspend his pension, if needed.

"But nobody will touch anybody’s pension as it may later boomerang on them."

He was appointed as the CJ by President Chandrika Kumaratunga in 1999 while the Supreme Court was hearing two petitions filed against Sarath Nanda Silva.

In his book titled The Unfinished Struggle Victor Ivan has exposed extensive misconduct and abuse of authority by Mr Sarath Silva when he was Attorney-General and as Chief Justice.

President Kumaratunga and President Mahinda Rajapaksa did not take any action against Mr Silva, despite international organisations including the United Nations and International Bar Association (IBA) criticising his tenure as CJ.

LOCAL LINKS

Probe has no legal grounds says former CJ

27 October, 2011 | Sandeshaya

Attorney General wrong to withdraw charges – CJ

17 April, 2011 | Sandeshaya

‘No democracy’ former chief justice

15 March, 2010 | Sandeshaya

Fonseka ‘tortured’ army officers

08 March, 2010 | Sandeshaya

SC ‘cannot overrule’ previous rulings

03 August, 2009 | Sandeshaya

Sri Lanka new CJ ‘ready for reform’

08 July, 2009 | Sandeshaya

EXTERNAL LINKS

Why Mahinda Rajapaksa and Sarath Silva became enemies

Victor Ivan vs Sarath Silva

Sri Lanka’s politicised judiciary

IBA on Sri Lanka judiciary

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