PSC report valid despite Oppn members walking out - law experts
Chamikara WEERASINGHE
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.
|