CJ should not have boycotted PSC proceedings - Choksy

Siranjani Kumari

Leading lawyer V. K. Choksy commenting on Thursday's incident where Chief Justice Dr. Shirani Bandaranayake walked out from the PSC Impeachment process said if the Chief Justice was not guilty to the charges framed against her what she should have done was to participate in the PSC proceedings rather than boycotting it. Her walking away from the investigation process had denied the people from getting to know whether she is not guilty of the charges leveled against her in the impeachment motion against her.

Choksy said if the Chief Justice was present before the PSC hearings she could have easily made submissions to pure her innocence about the charges. PSC hearings are held in secrecy. But its final report tabled in Parliament will be known to the public. The action taken by the Chief Justice will prevent the people from knowing her side of the story. Now the PSC would definitely find the Chief Justice guilty of the charges framed against her.

Apart from this if representatives in the PSC are found guilty of defaming the Judiciary police can be directed to take them into custody. (Eg the SB case against former Chief Justice Sarath N Silva)

In such a case the President in his capacity as the head of the Executive and the Commander-in-Chief can order police not to carry out the Judiciary order. In this manner there is a tendency for a crisis to crop up among the Judiciary, Executive and the Legislature.