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| Police reluctant to record a statement from the Judge involved in the molestation charge |
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(Lanka-e-News, July 26, 2010, 11.00 PM) The Police has still not taken steps to record a statement of the Appeal Court judge who is allegedly involved in the molestation of a young servant girl working in the Judge’s house.
Under the SL constitution all citizens except the President (under certain circumstances) are subject to the laws of the country. In the legal circles, it was pointed out that judges are not above the law. Even the Appeal Court judge must abide by the law. Hence, if the Police is not interrogating the Appeal Court judge in relation to a crime committed by him, it is a breakdown in the legal process and creating a dent in the legal system, those of the legal profession pinpoint.
According to the constitution, the Judicial service Commission (JSC) has the power to conduct a disciplinary inquiry against the judge. Yet, when Lanka e news inquired about this from the Secretary to the JSC, Manjula Thilakaratne, he said there had been no complaint received by the JSC in this connection. Even if it does receive a complaint it has no power to accept the complaint or conduct an inquiry, adding that the power to investigate complaints against an Appeal Court judge is vested in the Parliament under the constitution. |
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Under Section 105 -1 of the constitution chapter 15 relating to the Courts, under different provisions it is stated that the Courts are Institutions which protect the rights and safety of the people while also reinforcing them and dispensing justice.
Section 107 (11) of the constitution in relation to judges of the Supreme Court and the Appeal Court states that every judge can continue in his post as long as he performs his duties duly. This confirms that a judge can be removed from his position. If a judge is involved in misconduct or wrongdoing, the action against him must be passed in Parliament by a majority vote, and the President has to take a decision following the Parliamentary proposal. Without this procedure being followed, a judge cannot be dismissed from his post.
It is reported that on the day the victim of this molestation left the house of the judge secretly, the two police sentries at the judge’s residence was assaulted by the Judge. A copy of the complaint lodged with the Galkissa police about the assault had been collected by the CID. |
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