DEFER IMPEACHMENT PROBE
SC seeks time till determination on Article 107(3) of Constitution is made
These writ petitions were filed on the grounds that the PSC has no judicial power A Bodhi Pooja’ to invoke blessings on Chief Justice Shirani A. Bandaranayake
The Supreme Court yesterday decided to communicate its recommendation to the Members of the Parliamentary Select Committee (PSC) that based on the mutual understanding and trust between the Judiciary and Parliament they consider deferring the investigation against Chief Justice Shirani A. Bandaranayake with regard to the impeachment motion.
The Bench comprising Justices N.G.Amaratunga, K. Sripavan and Priyasath Dep made this recommendation to defer the investigation until the determination on the reference made by the Court of Appeal regarding the constitutional interpretation on the question on Article 107(3) of the Constitution relating to the procedure of impeachment against a Judge.
The Court made this recommendation on submissions made by the Counsel that the Parliamentary Select Committee is sitting today (23) and irreparable damage would be caused to the person namely the Chief Justice Shirani A. Bandaranayake contrary to the accepted legal norms and burden of proof.
The Court fixed the reference matter to be mentioned on November 28 at 9.45 a.m. The Bench made this recommendation to defer the investigation until the determination on the reference made by the Court of Appeal
President’s Counsel K.Kanag Iswaran with Buddhika Ilankathilake instructed by Ms Lilanthi de Silva appeared for the Petitioner Chandra Jayaratne. Shibly Aziz PC, Geofrey Alagaratnam PC, S.L.Gunasekara, Ikram Mohamed PC, Sanjeeva Jayawardena PC with Senany Dayaratne, Chrismal Warnakulasuriya appeared for the other petitioners namely Dr Jayampathi Wickramaratne PC, Ven. Madulwawe Sobhitha Thera, Nimal Weerakkody, Chandrapala Kumarage and W. Visaka Perera Tilakaratne.
On short notice of the Court, Attorney General Palitha Fernando, Additional Solicitor General A.Gnanathasan, Deputy Solicitors General D. Nawaz, Sanjay Rajaratnam and Janak de Silva and Senior State Counsel Nerin Pulle appeared in Court.
Court of Appeal on Tuesday (20) referred to the Supreme Court for its constitutional interpretation on Article 107(3) of the Constitution relating to the procedure of impeachment against a Judge.
The Bench comprising Justices S. Sriskandarajah (President of the C/A), Anil Goonaratne and A.W.A.Salam decided to forward the reference in respect of four Writ petitions seeking to prohibit the members of the PSC from continuing the investigation into the allegations against the Chief Justice Shirani A. Bandaranayake.