Daily Mirror (Sri Lanka)

DEFER IMPEACHMEN­T PROBE

SC seeks time till determinat­ion on Article 107(3) of Constituti­on is made

- BY S.S.SELVANAYAG­AM

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.

 ??  ?? The Supreme Court staff led by Registrar Duminda P. Mudunkotuw­a yesterday held a ‘Bodhi Pooja’ at the Sri Bodhirajar­amaya Temple in Colombo to invoke blessings on Chief Justice Shirani Bandaranay­ake. Pic by Pradeep Pathirana
The Supreme Court staff led by Registrar Duminda P. Mudunkotuw­a yesterday held a ‘Bodhi Pooja’ at the Sri Bodhirajar­amaya Temple in Colombo to invoke blessings on Chief Justice Shirani Bandaranay­ake. Pic by Pradeep Pathirana

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