NEW DELHI — Defying a court order, Sri Lanka’s Parliament voted overwhelmingly on Friday to impeach the nation’s chief justice, a significant step in a worsening showdown between the legislature and the judiciary that has alarmed democracy advocates and many foreign governments.
President Mahinda Rajapaksa must now decide whether he is willing to take the last step in the impeachment process and dismiss Chief Justice Shirani Bandaranayake of the Supreme Court, who was seen as a Rajapaksa loyalist until September, when the court struck down provisions of a law that would have given greater power to the government’s economic development minister, Basil Rajapaksa, who is also the president’s brother.
The chief justice’s fall from grace since that ruling has been dizzying, with the state-controlled media sharply criticizing her. Impeachment proceedings began in November.
A parliamentary committee issued a guilty verdict against her in December, saying she had misused her power and failed to adequately declare her assets. Last week, an appeals court annulled the verdict and forbade further action by the Parliament against Chief Justice Bandaranayake.
The Parliament’s willingness to ignore the court’s ruling and impeach the chief justice anyway set the nation up for a possible constitutional crisis. Saliya Peiris, a lawyer for Chief Justice Bandaranayake, told The Associated Press that his client would not recognize the impeachment and that her next step would be announced later.
Since President Rajapaksa dominates the Parliament, the impeachment effort is widely seen by many democracy advocates as an effort by the president and his family to further consolidate power and eliminate any impediment to their almost complete control.
“The entire impeachment process is clearly politically motivated as a punishment to the chief justice for daring to apply the constitution in a way that went against the Rajapaksa administration,” Alan Keenan, of the International Crisis Group, said in an interview.
The parliamentary committee found Chief Justice Bandaranayake unfit for office on charges of failing to disclose details of 20 bank accounts and intervening in cases before the court in which she had a financial interest. She was also alleged to have sought to protect her husband from corruption charges.
She had protested the rapidity of the parliamentary proceeding and her inability to confront or cross-examine her accusers.
Lawmakers voted 155 to 49 on Friday to impeach.
On Wednesday, Victoria Nuland, the United States State Department spokeswoman, said that the department had “serious concerns about the actions that were taken to impeach the chief justice” and that the proceedings raised “serious questions about the process and government pressure on the judiciary.”
The United States Embassy in Colombo released a statement Friday repeating those concerns.
“This impeachment calls into question issues about the separation of powers in Sri Lanka and the impact of its absence on democratic institutions,” it said in a statement.
President Rajapaksa and his brothers are widely credited with ending one of the world’s longest and bloodiest civil wars in 2009 by defeating the separatist Liberation Tigers of Tamil Eelam. The war’s end brought stability to much of the country and has increased opportunities for tourism. But he and his brothers have been accused of being involved in unlawful killings by security forces and government-allied paramilitary groups, and a United Nations panel ruled that accusations against the Sri Lankan government of war crimes were credible and should be investigated.
