JUDICIARY CANNOT JUDGE MATTERS OF REMOVING JUDGES - AG
Sarath Malalasekera and Jayantha de Silva
Attorney General President’s Counsel Palitha Fernando in his
submissions before the Court of Appeal on the writ application filed by
Chief Justice Dr.Shirani Bandaranayake seeking to invalidate the PSC
findings on the impeachment charges against her, urged that the matter
be referred back to the Supreme Court for a determination.
The Bench comprised Court of Appeal President Justice Sri Skandarajah,
Justice Anil Goonaratne and Justice A.W.M.Salaam. The AG said powers of
Parliament have to be taken into account. “I am not against or support
the findings of the PSC ,” the AG reiterated.
He said the Judiciary cannot be called upon to sit in judgment on
issues pertaining to the removal of judges. The Constitution spells out
that the judiciary be kept out of matters relating to an impeachment of
a Judge. Thus, a PSC has been appointed under the provision of a
Standing Order for this purpose. Under Articles 102, 107 where the
removal of a Court of Appeal / Supreme Court Judge is concerned it has
been made absolutely clear that the judiciary should be kept away.
A three Judge Bench of the Court of Appeal yesterday quashed the
decision of the seven member Parliamentary Select Committee (PSC)
without cost sequel to the application filed by Chief Justice Dr.Shirani
A. Bandaranayake seeking a writ in the nature of Certoriari making
invalid the PSC decision which found her guilty of three charges and
seeking to prevent the PSC initiating any further steps in this regard.
President’s Cousel Romesh De Silva appearing for the CJ interalia
said no oral evidence or the cross examination of the 16 witness had
being allowed. The time frame allocated was insufficient to answer the
allegations.
Acting Solicitor General A. Gnanadasan , DSG Shamindra Fernando,DSG
Sanjeya Rajaratnam, DSG Janak de Silva DSG Dilip Navaz,,SSC Nerin Pulle
appeared for the state.
Attorney at Law M.A.Sumanthiran, appeared for the 11th petitioner
Parliamentarian R.Sampanthan.
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