SC suggests deferment of PSC sittings until final determination of matter

Jayantha de Silva

The Supreme Court yesterday recommended that it is prudent that the sittings of the Parliamentary Select Committee (PSC) or the quorum to investigate the allegations of misbehaviour and incapability of Chief Justice Shirani Bandaranayake be differed until a determination is arrived on the matter.

The court was inclined to grant the interim relief sought by the petitioners to stay the sittings of the PSC, the Bench observed. The inquiry before the PSC scheduled for today is not stayed, the Court declared.

The matter is to be mentioned on November 28. The Bench comprised of Justice Gamimi Ameratunge (President), Justice Priyasath Dep and Justice Sri Pavan. The Court also directed that certified copies of the petitions, affidavits and written submissions to be sent to the Attorney General. Attorney General Palitha Fernando submitted that the Supreme Court has no power to stay the proceedings of the quorum. Since the matter has gone before Supreme Court, the petitioners cannot request interim relief. The Bench also referred to the mutual respect and trust existing between the legislature and the judiciary safeguarding the rule of law and for the purpose of the smooth functioning of both institutions.

All others except the judges of both the Supreme Court and the Appeal Court had no legal protection, Justice Gamini Ameratunge said.

President's Counsel K Kanageswaran appearing for the petitioners contended the PSC probe undermines judiciary. The removal of a person by the President represents a Presidential Act.