SC written submissions fixed for Dec 18

Jayantha de Silva

The three Judge Bench of the Supreme Court yesterday fixed for December 18 written submissions in respect of the 12 petitions referred by the Court of Appeal for an interpretation in connection with the impeachment of Chief Justice Shirani Bandaranayake. The interpretation sought by the Court of Appeal in respect of the petitions would be conveyed in due course.

The Bench comprised Justice Nimal Gamini Ameratunge, K. Sri Pavan and Priyasath Dep.

"Justice Nimal Gamini Ameratunge described the impeachment motion as a right of the Members of Parliament. The Bench is very concerned about the red line,"he observed.

Attorney General Palitha Fernando continuing his overnight submissions said that the impeachment of a Judge is a disciplinary procedure set up for a specific purpose.

Appointing of a Parliamentary Select Committee (PSC) is a matter for the Speaker. The PSC should bot function as a court of law.

Quoting Lord Denim, he said that " It has to be a fair inquiry".

"Judges of apex court (SC) and the Court of Appeal are not equal to any other citizen.Original jurisdiction of the matter rests with the Court of Appeal. Interpretation should be for a specific purpose," he submitted.

In terms of Article 125 of the Constitution, the Supreme Court has the sole jurisdiction of interpretation. "Interpretation must not affect the rights of another party."

He reiterated that there had been no proper reference to the Supreme Court by the Court of Appeal.

There is no question before the Supreme Court.

Parliament is given the legislative power for the purpose of passing legislation. Apart from that,Judicial power has always being with the courts. Prof. H.M Zafrulla appearing for an intervening petition referring to the Standing Orders of Parliament submitted that an outside body cannot comment to Parliament about Standing Orders. We cannot go to the Ultra Vires of Standing Orders in keeping with the doctrine of harmony.

The power to remove a Judge lies with the Legislature under Article 107.