JUDICIARY CANNOT JUDGE MATTERS OF REMOVING JUDGES – AG
Posted on January 7th, 2013

Sarath Malalasekera and Jayantha de Silva-Courtesy The Daily News 

Attorney General President’s Counsel Palitha Fernando in his submissions before the Court of Appeal on the writ application filed by Chief Justice Dr.Shirani Bandaranayake seeking to invalidate the PSC findings on the impeachment charges against her, urged that the matter be referred back to the Supreme Court for a determination.

The Bench comprised Court of Appeal President Justice Sri Skandarajah, Justice Anil Goonaratne and Justice A.W.M.Salaam. The AG said powers of Parliament have to be taken into account. “I am not against or support the findings of the PSC ,” the AG reiterated.

He said the Judiciary cannot be called upon to sit in judgment on issues pertaining to the removal of judges. The Constitution spells out that the judiciary be kept out of matters relating to an impeachment of a Judge. Thus, a PSC has been appointed under the provision of a Standing Order for this purpose. Under Articles 102, 107 where the removal of a Court of Appeal / Supreme Court Judge is concerned it has been made absolutely clear that the judiciary should be kept away.

A three Judge Bench of the Court of Appeal yesterday quashed the decision of the seven member Parliamentary Select Committee (PSC) without cost sequel to the application filed by Chief Justice Dr.Shirani A. Bandaranayake seeking a writ in the nature of Certoriari making invalid the PSC decision which found her guilty of three charges and seeking to prevent the PSC initiating any further steps in this regard.

President’s Cousel Romesh De Silva appearing for the CJ interalia said no oral evidence or the cross examination of the 16 witness had being allowed. The time frame allocated was insufficient to answer the allegations.

Acting Solicitor General A. Gnanadasan , DSG Shamindra Fernando,DSG Sanjeya Rajaratnam, DSG Janak de Silva DSG Dilip Navaz,,SSC Nerin Pulle appeared for the state.

Attorney at Law M.A.Sumanthiran, appeared for the 11th petitioner Parliamentarian R.Sampanthan.

One Response to “JUDICIARY CANNOT JUDGE MATTERS OF REMOVING JUDGES – AG”

  1. Lorenzo Says:

    “The Bench comprised Court of Appeal President Justice Sri Skandarajah, Justice Anil Goonaratne and Justice A.W.M.Salaam.”

    NO SURPRISE!!

    2-1 minority judges defeated the majority judge. I told you so. :))

    Sri Skandarajah is a Tamil business connected person.

    At least now appoint at least 8 Sinhala Buddhist SC judges.

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