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.