SC ORDER OMITS ‘BY STANDING ORDER’ IN JUDGEMENT!
ENTIRE ORDER THEREFORE IN ERROR:
The Supreme Court order given yesterday to the effect that Parliament
appointed PSC (Select Committee) cannot investigate the impeachment
charges against the Chief Justice, on page 26 states that ‘the
constitution shall provide by law (the method of investigation of the
impeachment motion) BUT the constitution in fact says ‘by law or
Standing Order.’
The Supreme Court obviously falsified/omitted the relevant part of
the constitutional Clause in giving this judgment - - and left out the
relevant vital part of the constitutional document, which says ‘by law
OR Standing Order.’
The entire gist of the Supreme Court judgment is that the
Parliamentary Select Committee cannot investigate impeachment charges
against the CJ, as it has been created by Standing Order.
However, the constitution does say clearly – “by law or Standing
Order’’, whereas quoting the same constitutional article the Supreme
Court judgment says ‘by law’ omitting the part ‘or Standing Order.’
The SC order states: “It is mandatory under Article 107 (3) of the
constitution for Parliament to provide by law, the matters relating to
the forum before which the allegations are to be proved, the mode of
proof, the burden of proof and the standard of proof an any alleged
misbehaviour or incapacity and the judge’s right to appear and to be
heard in person or by representative in addition to matters relating to
the investigation of the alleged misbehaviour or incapacity.’
However, the same cited constitutional article 107 (3) in fact states
“parliament by law or Standing Orders provides
for all matters relating to the forum before which the allegations
are to be proved, the mode of proof, the burden of proof and the
standard of proof an any alleged misbehavior or incapacity and the
judge's right to appear and to be heard in person or by representative
in addition to matters relating to the investigation of the alleged
misbehavior or incapacity."
It is clear therefore that the Supreme Court order has been made,
omitting the key part of the constitution that states that Standing
Orders is one way of creating a body to investigate impeachment charges
against the Chief Justice. In fact the entire order therefore is in
gross error, and has falsified/omitted the relevant constitutional
clause. The order acknowledges that the removal of judges is a power
vested with the President. |