SC blocks withdrawal of petitions
The Supreme Court yesterday refused the application to withdraw the four fundamental rights petitions challenging the hearing of the Parliamentary Select Committee (PSC) into the impeachment of Chief Justice 43, Shirani A. Bandaranayake.
The Bench comprised Justices Saleem Marsoof, Chandra Ekanayake, Sathya Hettige, Eva Wanasundera and Rohini Marasinghe.
Counsel for the petitioners moved to withdraw their petitions in view of the fact that their grievances have been redressed.
Deputy Solicitor General Shavendra Fernando opposed the application on the grounds that these applications were based on public interest.
The matter was fixed to be mentioned on July 25.
On January 21, the Attorney General moved an application to refer these petitions to the Chief Justice to appoint a divisional Bench of five or more judges of the Supreme Court to hear these petitions.
Deputy Solicitor General Shavendra Fernando with Deputy Solicitors General Sanjay Rajaratnam and Janak de Silva and Senior State Counsel Nerin Pulle made the application for the Divisional Bench of judges under Article 132(3)(iii) of the Constitution.
Counsel M.A. Sumanthiran appearing for petitioner Ceylon Teachers’ Services Union General Secretary Mahinda Jayasinghe had op- posed this application on the basis that the present Chief Justice was not properly appointed and submitted that the said Article cannot be applied because de jure (conforming to the law or lawful) Chief Justice is excluded from the office of the Chief Justice.
He said the de facto Chief Justice is a usurper of the chamber or office of the Chief Justice.
Counsel Viran Corea who appeared for petitioner Janaka Adhikari said he associated with the submission made by Counsel Sumanthiran and further submitted that the Attorney General should have done so earlier with notice to the petitioners rather than delaying the matter.
He said the Attorney General was not entitled to make such an application for the postponement of the hearing of this application at this stage on the date the petition was to be taken up for hearing. Counsel Suren Fernando who appeared for petitioner Thenuwara said he too was associating with the submission made by Counsel Sumanthiran and further submitted that none of the respondents had filed objection and even the Attorney General had not filed written submission as re-
The said Article cannot be applied because de jure (conforming to the law or lawful) Chief Justice is excluded from the office of the Chief Justice
quired by the Supreme Court Rule. He maintained the matter could not be taken up today.
The petitioners sought Court to declare that Standing Order 78 A is ultra vires the Constitution and null and void and of no force or effect in law.
The Court has already granted to these petitions leave for the alleged violation of the fundamental right to equality and equal protection of the law.Petitioners cited Speaker Chamal Rajapaksa, PSC members Anura Priyadarshana Yapa, Nimal Siripala de Silva, Susil Premajayantha, Rajitha Senaratne, Wimal Weerawansa, Dilan Perera, Neomal Perera, Lakshman Kiriella, John Amaratunga, Rajavarothiam Sampanthan and Vijitha Herath and the Attorney General as respondents.