CA judges can be summoned before House for contempt of Parliament
-Rajitha
Chamikara WEERASINGHE
The three judge Bench of the Court of Appeal which ruled that the
Parliamentary Select Committee (PSC) has no legal power or authority to
investigate the impeachment motion against Chief Justice Dr Shirani
Bandaranayaka, can be summoned before Parliament for contempt of
Parliament, Fisheries and Aquatic Resources Development Minister Dr
Rajitha Senaratna said yesterday.
He said the three judges of the Appeal Court, Appeals Court President
S Skandarajah and Justices Anil Gooneratne and A W A Salaam can be
summoned before a Parliamentary Privileges Committee on account of their
judgment ignoring the Constitution and Parliamentary privileges. He said
the Court of Appeal clearly ignored provision 107 (3) of the
Constitution, that states:
“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 misbehaviour or incapacity and the right of such
Judge to appear and to be heard in person or by representative.”
Asked if the Court of Appeal judges had ignored 107 (3) of the
Constitution in their ruling on the writ application filed by Dr
Bandaranayaka challenging the findings of the PSC against her and if so
whether it is possible that Parliament can take action against these
judges, Dr Senaratna said: “Definitely and absolutely.”
“It is Parliament that enacts the Constitution and it is bound to
ensure that the Constitution is adhered to. No judge can pass rulings
against the Constitution,” he said.
“This is the first time in the world that a court issued directives
against Parliament. That is why this ruling is historic,” the minister
said.
“The Judiciary can define the Constitution, but it it has no power or
any right to issue directives to Parliament,” he said.
The ruling of the three judge Bench is in violation of the
constitution and Parliamentary privileges, the minister said
Asked if Parliament was going to take action against the three judge
Bench in question, Dr Senaratna said: “We have not decided about this
yet but this could happen because it is the usual process of action to
be followed in such circumstances.”
The Judiciary should not interfere with affairs of Parliament, he
said. |