Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Saturday, January 5, 2013

Impeachment issue against Chief Justice. Mahinda decides to appoint a three member independent committee.
Saturday , 05 January 2013
According to reliable sources, the independent panel consisting three experts will include in the panel appointed by President Mahinda Rajapakse to advise him about the probe report of parliament selective committee against Chief Justice Prof.Shirani Bandaranayake.

Retired Supreme Court Judge, Senior Banker and a senior officer from the administration sector will be the members in the independent panel are according to information.

Concerning the court activities, the charges submitted against the Chief Justice, the retired Supreme Court Judge who is the member of the said panel will examine and regarding bank issues would be handled by Senior Banker. Further the other issues pertaining to administration will be handled by senior officer.

The three members’ expertise panel will examine the probe report against the Chief Justice and will hand over a report to the President.

Most probably after the conclusion of parliament debate against the impeachment, the independent panel would be appointed, and after this,  President Mahinda Rajapakse will take a final decision concerning Chief Justice issue.

However, the Supreme Court legal interpretation is a challenge to the parliament is considered by the government sector, hence it is believed that President will expedite his activities.
 
To introduce an impeachment against Chief Justice, two third of parliament members should place their signature. After signature, it would be handed over to Speaker. Speaker according to his prescribed powers in the constitution 10 7 section and  according to parliament standing order 78(a) section will appoint an investigation committee.

This committee will represent with ruling and opposition party MPs. The committee which is appointed by the Speaker will probe the said issue and the probe report will be handed over to the Speaker, and Speaker will process to President.

After President examine the report and if he decides to discharge Chief Justice from the position, regarding this he will notify to the parliament.  After this,  the said issue would be taken for discussion at the parliament.

If the dismissal motion is passed by two third majority, Chief Justice can be discharged. However appointing an independent panel and to examine the parliament selective committee's probe report, no law prevails and there is no provision in the constitution.

This has been accepted by President Mahinda Rajapakse.  President while addressing the Auditors Company event said that to examine the impeachment report an independent panel will be appointed.

He said, if I execute an action, I should have complete satisfaction. Further I should not go against my conscious. In this basis I have appointed this panel.

There is no provision in any legal book. However according to my conscious I am compelled to take action was notified by him.

Meanwhile the parliament selective committee does not have authority to punish by notifying that Chief Justice is guilty and the inquiries are vulnerable was the legal interpretation given by the Supreme Court.

However President will function according to above mentioned procedure is according to information.