PSC member on CA ruling:

Legislature above Judiciary

CHAMIKARA WEERASINGHE

If the Speaker appointed Parliamentary Select Committee (PSC) has no right to arrive at findings on the allegations of misbehaviour or incapacity charges leveled against a Chief Justice, who has the right to make such findings, Fisheries and Aquatic Resources Minister Dr Rajitha Senaratna queried yesterday.

He said, the judiciary has no power or authority to investigate misbehavior or incapacity charges leveled against Chief Justices or Court of Appeal Judges in the country.

The Court of Appeal yesterday delivered a ruling that the Parliamentary Select Committee has no legal authority to probe the allegations leveled against Chief Justice Dr Shirani Bandaranayaka.

The Court of Appeal said the Parliamentary Select Committee appointed under Standing Order 78 A derives its power solely from that Standing Order, which is not law. It said the Select Committee appointed under and in terms of Standing Order 78 A has no legal power or authority to make a finding adversely affecting the legal rights of a judge against whom the allegations made in the resolution moved under Proviso to Article 107 (2)is the subject matter of its investigation.

The Court of Appeal last month issued notices to Speaker Chamal Rajapaksa and Parliament Select Committee members who probed impeachment charges leveled against Chief Justice Dr Shirani Bandaranayaka, calling them to appear before Courts on January 3 (yesterday).

This was to hear a writ application filed by Chief Justice Dr Bandaranayake challenging the Parliamentary Select Committee findings in respect of the impeachment motion against her. The respondents did not appear before Courts yesterday.

Dr Senaratna said, it is clearly stated in the Constitution that only Parliament can investigate alleged misbehavior and incapacity charges of Chief Justices and judges.

According to provisions in the Constitution under 107 (3),Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehavior or incapacity and the right of such Judge to appear and to be heard in person or by representative.

Dr Senaratna said , Courts have no authority to issue notices on the Speaker or the PSC members. The legislature will abide by the historic precedent set by former Speaker Anura Bandaranaike on a similar situation, that the judiciary has no authority to influence affairs of Parliament.

This was accepted by former Chief Justice Sarath N Silva, he pointed out.

Speaker Chamal Rajapaksa gave a similar ruling with regard to the notices issued by the Supreme Court, he added.

The judiciary should not interfere with matters of Parliament, he stressed.