Petition challenging Chief Justice’s appointment:

It is CJ who can decide on Bench - SC

Jayantha de Silva

A three Judge Bench of the Supreme Court yesterday declared that under the Constitution the petition filed by the Centre for Policy Alternatives against the appointment of Chief Justice Mohan Peiris should be referred under section 132 (3) (11) of the 1978 Constitution to the Chief Justice for the purpose of determining whether to appoint a full Bench or for the appointment of the Judges which is to constitute such a Bench.

The Bench was re-fixed for March 05 as the next date of hearing.

The Bench comprised Justice Shirani Tilekewardena, Justice S. I. Imam and Justice Priyasath Dep.

The petition was filed by Centre for Policy Alternatives Director Pakyasothy Saravanamuttu against the appointment of the CJ. Deputy Solicitor General (DSG) Shavendra Fernando objecting submitted that to consider the petition against Chief Justice Mohan Peiris warrants a change in the Constitution. The DSG further contended that for this purpose amending the 1978 Constitution is also a necessity.

Furthermore he pointed out that the application by the petitioner for a full Bench is relevant to the Soulbury Constitution and not to the 1978 Constitution. Attorney-at-Law N. Rajapakse with Attorney at Law M. A. Sumanthiran appeared for the petitioner.