SPEAKER RULES COURT NOTICES INVALID
Future court notices to be treated similarly:
Sandasen MARASINGHE, Irangika RANGE and Disna
MUDALIGE
Speaker Chamal Rajapaksa yesterday making a special announcement in
Parliament said the purported notices issued to him and to members of
the Parliamentary Select Committee (psc) are a nullity and entail no
legal consequences. He said the ruling would apply to any similar
purported notice, Order or Determination in respect of the proceedings
of the Committee which would continue solely and exclusively under the
authority of Parliament.
Speaker Rajapaksa also said future notices from court will be treated
similarly. He said: “I wish to make it clear that this ruling of mine as
Speaker of Parliament, will apply to any similar purported Notice, Order
or Determination in respect of the proceedings of the Committee which
will continue solely and exclusively under the authority of Parliament.”
The Speaker said the notices issued on him and on members of the (psc)
have no effect whatever and are not recognised in any manner. The full
text of the special announcement made by the Speaker: “The Honourable
Nimal Siripala de Silva, Leader of the House, raised an issue relating
to Privilege on the floor of the House this morning. This arose from an
event which occurred yesterday.
"I found exceedingly helpful the detailed observations which were
made on this issue by 15 Honourable Members on both sides of the House
today.
"The range and depth of the views expressed during the debate, which
I have reflected on, greatly facilitated my task in reaching my decision
on the matters brought to my notice by the Honourable Leader of the
House.
"Notice was served on me yesterday, as Speaker of Parliament, and on
the Members of the Select Committee appointed by me on 14th of November
2012 to inquire into allegations against the Honourable Chief Justice
under Article 107 of the Constitution, I, as Speaker of Parliament and
the Members of the Select Committee appointed by me have been cited as
respondents in these proceedings. These were notices issued by the Court
of Appeal, on the direction of the Supreme Court, in the matter of an
application for mandates in the nature of Writs of Certiorari, Mandamus,
Quo Warranto and Prohibition in terms of Article 140 of the
Constitution.
The relief sought in these proceedings includes the following:
a) Issue notice on the Respondents in the first instance
b) Grant and issue a Writ of Certiorari quashing the determination
and/or decision of the 1st Respondent to place the said alleged
impeachment motion against the Chief Justice dated 01.11.2012 in the
Order Paper of Parliament on 06.11.2012.
c) Grant and issue a Writ of Certiorari quashing the decision and/or
determination of the 1st Respondent to appoint and/or assign a committee
made up of the 2nd to 12th Respondents to embark upon a Judicial/quazi
Judicial process of inquiring into the charges against the Chief
Justice.
d) Grant and issue a Writ of Certiorari quashing the order and/or
decision and/or determination of the 1st Respondent directing the Chief
Justice to present herself before the 2nd to 12th Respondents for
inquiry by way of a Judicial/quazi Judicial process.
e) Grant and issue a Writ of Prohibition preventing 1st to 12th
Respondents to from taking any further actions or steps in connection
with the impugned Motion dated 01.11.2012.
f) Grant and issue a Writ of Quo Warranto requiring the 2nd to 12th
Respondents to display under what legal warrant or authority they intend
to embark upon a Judicial/quazi Judicial process of inquiring into the
alleged charges against the Chief Justice.
g) Grant and issue a Writ of Mandamus directing the 1st Respondent to
act in terms of the Law contained in Article 107(3) to formulate and
adopt Laws/Standing Orders establishing a lawful and constitutional
process governing the impeachment of a Judge of the Appellate Courts,
that is not in violation of specifically Article 4(c) of the
Constitution.
h) Grant and issue Interim Orders;
Restraining the 1st Respondents and/or agents and/or officers serving
under him from taking any further steps in connection with the said
impeachment motion dated 01.11.2012. Restraining the 2nd to 12th
Respondents and/or agents and/or officers serving under them from taking
any further steps pursuant to the notice summoning the Chief Justice
dated 15.11.2012.
I wish to explain to the House the basis of my ruling.
In appointing this Committee, I have acted as Speaker in pursuance of
the powers vested in me by Article 107 of the Constitution.
The Members of the Committee appointed by me are responsible solely
and exclusively to me as the Speaker. No person, or institution outside
Parliament has any authority whatsoever to issue any directive either to
me as Speaker or to Members of the Committee appointed by me. This is a
matter which falls exclusively within the purview of Parliament's
authority. The established law in this regard was exhaustively surveyed
by my distinguished predecessor, the late Honourable Anura Bandaranaike,
in his historic ruling delivered in this august House on 20th June 2001.
It is clear from this ruling that the matters concerned fall within the
exclusive domain of Parliament and that no intervention in any form by
any external agency is consistent with the established principles of law
and is therefore to be rejected unreservedly as an unacceptable erosion
of the powers and responsibilities of Parliament.
I am happy to note that a broad consensus emerged in the course of
the debate on the central issue requiring my decision. I would like to
make particular mention of the view, clearly expressed by the Honourable
Leader of the Opposition in the course of his intervention, that the
purported Notices constitute an unwarranted interference with the powers
and procedures of Parliament and are invalid. This was stated with great
clarity by the Honourable Joseph Michael Perera as well.
On careful consideration of this matter, I wish to convey to the
House my ruling that the Notices issued on me, as Speaker of Parliament
and on the Members of the Select Committee appointed by me, have no
effect whatever and are not recognized in any manner.
I declared that the purported Notices, issued to me and to the
Members of the Select Committee are a nullity and entail no legal
consequences.
I wish to make it clear that this ruling of mine as Speaker of
Parliament, will apply to any similar purported Notice, Order or
Determination in respect of the proceedings of the Committee which will
continue solely and exclusively under the authority of Parliament. |