Full Text: Dr Jayampathy Wickramaratne’s Petition Against The Impeachment Of The CJ

By Colombo Telegraph -November 21, 2012

S. L. Gunasekera, senior lawyer who appeared for President’s Counsel Dr. Jayampathy Wickramaratne argued that the procedure set out in Standing Order 78A of the Standing Orders of Parliament which has been used to impeach Chief Justice Bandaranayake was unconstitutional and patently an unfair and unreasonable procedure and it lacked transparency and integrity.

Dr. Jayampathy Wickramaratne

The petitioner claimed that the said Standing Order prejudicially affected  the independence of the judiciary and it was detrimental to the interest of the legal profession and also the public interest and sought an interim order to prevent PSC members from taking any step under the said Standing Order against CJ Bandaranayake.

The Court of Appeal yesterday referred to the Supreme Court for its constitutional interpretation of Article 107(3) of the Constitution on the procedure to be adopted on the impeachment of a Judge.

We below publish the full text of the petition;

 IN THE COURT OF APPEAL OF THE

DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an application for a mandates in the nature of a Writs of Certiorari and Prohibition under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Dr. Jayampathy Wickramaratne

President’s Counsel

231/12A, First Lane

Kalapaluwawa

Rajagiriya

C.A. Writ Application No: 361/2012

Petitioner                                                Read More