Impeachment hearings:
CA should have sought AG's advise before seeking interpretation from
SC
Jayantha de Silva
Attorney General Palitha Fernando yesterday contended before a three
Judge Bench of the Supreme Court that the Court of Appeal in respect of
hearing the applications in connection with the impeachment of Chief
Justice Dr Shirani Bandaranayake should have sought the AG's advise
before reference to the Supreme Court. There is no proper reference by
the Court of Appeal to the Supreme Court. "Otherwise there would be a
floodgate of references from other courts to the Supreme Court".
The Supreme Court hearing the 12 petitions including five intervening
petitions field in connection with the impeachment of the Chief Justice
by the Parliamentary Select Committee yesterday pronounced that there
there is no objection from the petitioners for the Bench continuing to
hear their applications.
The Bench comprised Justice Nimal Gamini Ameratunge, Justice K Sri
Pavan and Justice Priyasath Dep.
Attorney General Palitha Fernando who submitted oral submissions will
continue to make his submissions today. At the outset, the Attorney
General said: "This is an emotional issue." In accordance of the
provisions of Article 125 of the Constitution, the Supreme Court had no
original jurisdiction to hear the applications; which is a reference
from the Court of Appeal and urged that the writ applications to be
referred back to the Court of Appeal. The Supreme Court is not bound to
interpret. The Court of Appeal could have closely looked into the issue.
"This case does not merit constitutional interpretation by the Supreme
Court,, the Attorney General said.
The Supreme Court is to take notice if the matter involves
interpreting the Constitution submitted the Attorney General. Justice
Nimal Gamini Amaratunge observed that the procedure would entail
referring the applications back to court if there is no request for
constitutional interpretation.
Attorney at law K Kanageawaran PC appearing for the petitioners
submitted that this was critical juncture. Executive, Legislative and
the Judiciary should act according to the Constitution without leaping
out side the boundary. DSG Shamindra Fernando, ASG A. Ganadasa, SSC
Nerin Pulle and Dr Avanthi Perera SC appeared for the Attorney General.
Attorney at Law Chandana Liyanapatbendi, Sagara Kariyawasnam, D P Mendis
PS, Rasik Zaruk PC, and Prof M Zafrulla appeared for the petitioners. |