Daily News Online
http://www.liyathabara.com/   KRRISH SQUARE - Luxury Real Estate  

Tuesday, 11 December 2012

Home

 | SHARE MARKET  | EXCHANGE RATE  | TRADING  | OTHER PUBLICATIONS   | ARCHIVES | 

dailynews
 ONLINE


OTHER PUBLICATIONS


OTHER LINKS

Marriage Proposals
Classified
Government Gazette

PSC report valid despite Oppn members walking out - law experts

The report on the findings of the impeachment charges against Chief Justice Dr Shirani Bandaranayake cannot be debated until January 8, 2013 in keeping with article 78 A of the Standings Orders of the Parliament of Sri Lanka, law experts said.

These experts pointed out in accordance with Standing Order 78 A, “.....where notice of a resolution for the presentation of an address to the President for the removal of a Judge from office is given to the Speaker in accordance with Article 107 of the Constitution, the Speaker shall entertain such resolution and place it on the Order Paper of Parliament but such resolution shall not be proceeded with until after the expiration of a period of one month from the date on which the Select Committee appointed under paragraph (2) of this Order has reported to Parliament.”

The Parliamentary Select Committee submitted the report on the impeachment trial of the Chief Justice on December 8, 2012.

“It takes one month from the date the report has been submitted to Parliament before it can be be taken up for debate,” they said.

Asked about the legitimacy of the impeachment process under the circumstances where some members of the PSC had walked out of the Committee, they said the procedure of hearing of the impeachment charges against the Chief Justice has conformed to due process and there was no violation of the rule of law despite the withdrawal by four Opposition members from the PSC.

Asked if this could raise any legal issue concerning the report submitted by the PSC to Parliament, they said, , “ there is zero impact on the PSC’s legitimacy or its report ..”

“The withdrawal of Opposition members cannot invalidate the PSC report because the report has been prepared by seven PSC Members, which means more than half the members of the PSC that forms the quorum has prepared it,” they said.

The PSC had reported its findings to Parliament in keeping with the subsection (6) of Standing Order 78 A, within one month from the commencement of the sittings of the PSC to probe the charges against the Chief Justice, they added. Meanwhile, several academics, asked for their views on the PSC process and the views expressed by certain NGOs that have opposed the impeachment motion, said: “These NGOs are on an agenda to destabilize the country by causing a major unrest over this issue.

Colombo University Sociology Department Senior Lecturer Jagath Wellawatta asked if these NGOs have ever sought to disprove those charges leveled against the Chief Justice said they (NGOs ) have no consideration whatsoever to the seriousness of the charges leveled against the Chief Justice regarding allegations of misbehavior or incapacity.

 

EMAIL |   PRINTABLE VIEW | FEEDBACK |

Destiny Mall & Residency
Casons Rent-A-Car
www.defence.lk
Donate Now | defence.lk
www.apiwenuwenapi.co.uk
LANKAPUVATH - National News Agency of Sri Lanka
www.army.lk
Telecommunications Regulatory Commission of Sri Lanka (TRCSL)
www.news.lk

| News | Editorial | Business | Features | Political | Security | Sport | World | Letters | Obituaries |

Produced by Lake House Copyright © 2012 The Associated Newspapers of Ceylon Ltd.

Comments and suggestions to : Web Editor