Nihal Sri alerts Speaker about perceived bias by CJ, other judges

Saturday, 29 December 2012 00:00 - - {{hitsCtrl.values.hits}}

Public Interest Litigator Nihal Sri Ameresekere has maintained that the Supreme Court Justices Nimal Gamini Amaratunge and K. Sripavan stand disqualified from hearing the writ applications pertaining to the interpretation of Article 107 (3) of the Constitution with regard the impeachment proceedings against Chief Justice Shirani Bandaranayake.

Referring to an application filed by him in the Supreme Court, seeking a review of the Supreme Court’s determination on the constitutionality of the Expropriation Bill on the basis that it is ultra vires the constitution and perceived bias and disqualification by the bench ruling on the bill, including the Chief Justice, Ameresekere has sent an affidavit to Speaker Chamal Rajapaksa recently. The affidavit which has been forwarded in the context of the impeachment motion against the Chief Justice, charges that Justices N.G. Amaratunge and K. Sripavan had already pre-judged, as frivolous,’ Ameresekere’s averments on ‘perceived judicial bias and disqualification’ on the part of Chief Justice Shirani Bandaranayake, which is a premise for some of the Charges contained in the Resolution to impeach Chief Justice Shirani Bandaranayake. “Hence do they not stand disqualified from hearing the aforesaid Applications?” Ameresekere asks.

Ameresekere’s affidavit to Speaker of Parliament, Chamal Rajapaksa on 5 December highlights the perceived bias and disqualification by the Chief Justice and several other Justices of the Supreme Court with relation to the application filed by him in the Supreme Court.

Ameresekere claims that the impeachment motion contains several charges relating to perceived bias and disqualification which he had already cited before the Supreme Court in February and October 2012.

According to the affidavit, upon being forwarded Ameresekere’s application, Justice K. Sripavan had minuted as follows: ‘frivolous objection taken after a long period of time without a firm foundation’ with relation to the petitioner’s “factual averments on perceived bias and disqualification”.

Ameresekere adds that thereafter, Chief Justice Shirani Bandaranayake had also minuted that she agreed with Justice Sripavan’s observations on the application, which also refers to perceived bias by three justices of the Supreme Court including the Chief Justice. Ameresekere says the Chief Justice was thereby acting as a judge in her own cause.

“A copy of my said Application of 18th October 2012 having been forwarded to Your Honour, attention of Your Honour is very respectfully drawn to the averments contained therein on ‘perceived judicial bias and disqualification’ on the part of Chief Justice Shirani A. Bandaranayake” Ameresekere says in his affidavit.(DB)