Saturday Dec 14, 2024
Saturday Dec 14, 2024
Friday, 23 November 2012 00:01 - - {{hitsCtrl.values.hits}}
By Dharisha Bastians
A three-judge bench of the Supreme Court yesterday recommended that the Parliament Select Committee (PSC) postpone sittings to probe the impeachment motion against the Chief Justice, until the court concludes deliberating on the Constitutional interpretation referred by the Court of Appeal on Tuesday.
The PSC was to commence its deliberations on the impeachment motion at 10:30 a.m. today and the Committee had already ordered Chief Justice Shirani Bandaranayake to appear before it.
Following lengthy deliberations last afternoon, Supreme Court Justices R. A. N. Gamini Amaratunga, K. Sripavan and Priyasath Dep recommended the PSC postpone proceedings until the Court gives its ruling on the Constitutional interpretation about the legality of the PSC proceedings. The Justices urged the members of the PSC to consider staying their hand in the spirit of coordination that should exist between two organs of the State – the Legislature and the Judiciary.
Reports at the time of going to press indicated that parliament had not yet received notice of the Supreme Court recommendation and the PSC was to proceed with its sitting today. However, the Daily FT learns that lawyers were working with the Supreme Court registrar late last night to prepare the Court Order and have it delivered to all respondents to the petitions by special messenger service.
Earlier in the day, the Supreme Court ordered the Attorney General, who is cited as a respondent in the petitions, to appear before the court yesterday because of the urgency that had to be exercised in the case. When the petitions were taken up yesterday morning, the Justices observed that only the petitioners were present in court.
Several petitions were filed in the Court of Appeal earlier this week challenging the constitutionality of the PSC’s exercise of judicial power in probing the impeachment motion against the Chief Justice and seeking an interim order on the PSC proceedings. A divisional bench of the Court of Appeal referred four petitions to the Supreme Court because it said it required an interpretation of Article 107 (3) on Tuesday.
Attorney-at-Law Chrishmal Warnasuriya, who is representing several petitioners, said the Supreme Court’s recommendation made it a historic day for the Sri Lankan citizen and that they expect that an interpretation of the Constitution by the Court will be delivered within a very short timeframe.
PSC to convene as scheduled
Deputy Speaker Chandima Weerakkody said yesterday that the PSC’s summons to the Chief Justice over the impeachment motion remains valid and the Parliamentary Select Committee will convene today as scheduled.
