CJ faces PSC

• The Head of Sri Lanka’s Judiciary attends her first hearing before the Legislativecommittee, despite the Supreme Court order recommending proceedings be deferred

By Dharisha Bastians

Chief Justice Shirani Bandaranayake yesterday appeared before the select committee of Parliament constituted to probe an impeachment motion against her, even as a fresh flood of petitions were taken up by the country’s highest court challenging the jurisdiction of the 11 member Legislative committee.

After hearing from the Chief Justice and her lawyers for nearly three hours, the Parliamentary Select Committee which met in Committee Room 1 of the Parliamentary complex, adjourned until 4 December. Initially the PSC requested the Chief Justice to enter without her lawyers, but when she refused to do so, the lawyers were permitted entry.

Lawyers greet Chief Justice Shirani Bandaranayake in a show of support and solidarity as she prepares to leave the Hulftsdorp Courts Complex to appear for an impeachment hearing before a Parliamentary panel in the Parliament – Pic by Daminda Harsha Perera

The Daily FT learns that lawyers for the Chief Justice had asked for six weeks to file her reply to the charges in the impeachment, but was granted time of one week – until 30 November – to do so.

Accompanied by her legal team, Chief Justice Bandaranayake left the Supreme Court premises at 9:45 a.m. to appear before the PSC at the appointed time of 10:30 a.m.

A large gathering of lawyers, members of the legal fraternity, court complex staff and the general public turned out to show solidarity with the Chief Justice at the Superior Courts Complex in Hulftsdorp last morning. Several junior lawyers became emotional at the sight of the Chief Justice walking out of the Courts to travel to Parliament to answer the PSC summons.

But observers noted that Chief Justice Bandaranayake only smiled and shook hands with some of the crowd gathered to support her cause, and otherwise carried herself in accordance with the dignity of her office. Several lawyers and demonstrators smashed coconuts on the roadside to curse the Chief Justice’s accusers.

Cameras were not permitted inside the Parliament after the Chief Justice’s vehicle was waved into the Parliamentary complex at about 10 a.m. Travelling in her vehicle were Instructing Attorney Kandiah Neelakandan and Attorney-at-Law Saliya Peiris.

The Chief Justice appeared before the PSC with her lawyers at 11:21 a.m. and left the committee room at 1:05 p.m. The Chief Justice’s legal team is instructed by Neelakandan and Neelakandan Attorneys at Law and was led by Romesh De Silva, President’s Counsel and including Nalin Ladduwahetty, PC, and Attorneys-at-Law Saliya Peiris, Riyad Ameen, Sugath Caldera, and Eraj de Silva.

The Parliamentary Select Committee decided to convene for the hearing despite a Supreme Court recommendation issued yesterday, requesting the Committee to postpone sittings to probe the impeachment until legal challenges against the impeachment process are heard and the court provides a Constitutional interpretation.

Deputy Speaker Chandima Weerakody said that the Supreme Court notice had been delivered to Parliament and the committee members and the PSC make a decision on the matter.

"At this stage, this court whilst reiterating that there has to be mutual respect and understanding founded upon the rule of law between Parliament and the Judiciary for the smooth functioning of both institutions, wishes to recommend for the members of the Select Committee of Parliament that it is prudent to defer the inquiry to be held against the Hon. Chief Justice until this court makes its determination of the question of law referred to by the Court of Appeal. The desirability and paramount importance of acceding to the suggestions made by this Court would be based on mutual respect and trust and as something essential for the safe guarding of the rule of law and the interest of all persons concerned and ensuring that justice is not only done but is manifestly and undoubtedly seen to be done," Supreme Court Justices Gamini Amaratunga, J. Sripavan and Priyasath Dep said in their ruling.

The order of the court was delivered to all respondents including the Speaker of Parliament and the 11 members of the PSC by special messenger on Thursday night.

The Parliamentary Select Committee probing the impeachment motion against the Chief Justice tabled in parliament earlier this month with 117 signatures of ruling party legislators, is chaired by Environment Minister Anura Priyadarshana Yapa. The moves to remove Chief Justice Bandaranayake followed months of tensions between the Executive and the Judiciary and climaxed after a Supreme Court bench headed by the Chief Justice blockaded the Divi Neguma legislation.