PSC has full powers to issue ex parte decision against CJ
Panduka Samarasekara
Dean of the Faculty of Law, Kotelawala Defence University Dr.
Prathiba Mahanamahewa,
said eventhough Chief Justice Dr. Shirani Bandaranayake did not
participate in the PSC hearing on the Impeachment motion against her,
the PSC had full powers to issue an ex parte decision on the charges
levelled against her.
Even in a normal case the hearing of the case is dismissed if the
complainant failed to appear in Court. But an ex parte hearing takes
place even if the defendant is not present. This same rule applied to
the PSC hearing on the Impeachment motion, Mahanamahewa said. Whatever
decision is taken by the Parliament which is supreme on the impeachment
motion the final decision on the whole matter rested with the President.
This is the normal system even in countries such as the US, Australia,
UK and India. Sri Lanka is far ahead of them as regards democracy he
added.
He said the PSC hearing the impeachment motion has been appointed by
Parliament according to powers rested in it by the constitution. Even if
a member of the PSC resigned, the speaker has full powers to replace him
with another member according to the constitution. |
