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

Friday, January 4, 2013


Impeachment a total flop: Select Committee is absolutely anti constitutional –SC decides

(Lanka-e-News -03.Jan.2013, 8.30PM) The appeal court a little while ago declared that it has been decided by the Supreme court(SC) that the Select Committee appointed by the Parliament Speaker under standing order 78A to decide on the impeachment motion is without a foundation in law, against the constitution and unlawful.

Accordingly the Supreme Court had given a verdict that through the select committee proceedings judges cannot be punished. It is only the SC that has the exclusive power to make determinations on and interpret the constitution. This power cannot be divested. 

In the circumstances the entire impeachment process is a violation of the constitution and is invalid.

Senior Lawyer Saliya Peiris commented as follows on this issue : 

Today, the appeal court announced the verdict of the SC from which court an interpretation was sought on the constitution in regard to the impeachment motion. Based on the verdict of the SC , the select committee appointed under standing order 78 A has no powers or authority to take decisions which are against a judge or the rights of judges because a standing order is not a judicial order . Such a Committee can only be appointed only by a legal process. That is, a standing order of Parliament is not judicial under the constitution.

It was the verdict of the SC that a select Committee appointed under a standing order has no judicial power or authority to give verdicts. It is only the SC which has sole and final power to interpret under section 125 of the constitution. That power is vested with the SC alone. It is in accordance with this that the SC had interpreted the constitution and delivered this verdict.This interpretation conveyed by the SC was announced by the appeal court today when the latter took up the case for trial where the chief Justice (CJ) Dr. Shiranee Bandaranaike had filed a petition against the report given by the Parliament select Committee following the examination of the impeachment.Because of a petition filed before by another petitioner , the appeal court referred it to the SC for a clarification . This petition was heard by the SC last month , and the Attorney General (AG) on behalf of the Govt. advanced lengthy arguments . Subsequently written submissions were called from both sides. The SC finally conveyed its decision to the appeal court. Today , when the petition of the CJ was taken for trial , the appeal court announced that decision.

Vijitha Herath of the JVP and MPs of the TNA were present in the appeal court today in view of this petition. 
Though the UNP leader boycotted the court , Karu Jayasooriya, Ranga Bandara, Ruwan Wijewardena, Dayasiri Jayasekera, Dr. Harsha De Silva, Eran Wickremeratne, Ajith Perera , Niroshan Perera and a large number of UNP MPs saw to it that they are present in court. Dr. Bahu of the opposition and Azad Sally too were present in court 

The petition of the CJ was postponed until the 15th. 

Though Basil Rajapakse made grandiose plans to create an unruly uproar with his groups of hooligans and henchmen in the court premises , because his conspiracy leaked out ahead , like on the earlier occasion he was compelled to abandon his plan. Nobody could stage protests or create turbulent scenes.