PSC
Not Considered Whether The Charges Were Proved Or Not, Premajayantha’s Claim Is
Clear Evidence – LfD
“The
statement made by Minister Susil
Premajayantha who served as a member of the PSC, that proving charges
against the CJ is
not a crucial factor at the probe as it was not a legal process, is amusing and
goes to vindicate the stand taken up by the lawyers appearing for the CJ,
the opposition members of the PSC, the Bar Association of Sri Lanka and those
who stand for democracy, rule of law and independence of the judiciary, that the
whole inquiry by the PSC was a sham. Standing order 78A(7) specifically states
that a resolution to be presented to the President for removal of a judge shall
be on the ground of proved misbehavior or incapacity. There should be a finding
of guilt to proceed further and Article 107 of the Constitution is clear that a
judge can be removed only for proved misbehavior or incapacity.” says the Lawyers
for Democracy.
Susil Premajayantha
the
Lawyers for Democracy today said; “From the Ministers’ statement it is clear
that the PSC has not considered the most important aspect of the whole inquiry,
that is, whether the charges were proved or not. It is obvious from this
statement that the PSC has acted on its opinion and not on a determination of
guilt. After this admission by a senior member of the PSC it is not possible to
uphold that the inquiry was a judicial inquiry into the charges against the
CJ.”
Lawyers
for Democracy calls upon the Speaker to terminate these proceedings against the
CJ even at this late stage.
PSC Not Considered Whether The Charges Were Proved Or Not, Premajayantha’s Claim Is Clear Evidence – LfD
“The
statement made by Minister Susil
Premajayantha who served as a member of the PSC, that proving charges
against the CJ is
not a crucial factor at the probe as it was not a legal process, is amusing and
goes to vindicate the stand taken up by the lawyers appearing for the CJ,
the opposition members of the PSC, the Bar Association of Sri Lanka and those
who stand for democracy, rule of law and independence of the judiciary, that the
whole inquiry by the PSC was a sham. Standing order 78A(7) specifically states
that a resolution to be presented to the President for removal of a judge shall
be on the ground of proved misbehavior or incapacity. There should be a finding
of guilt to proceed further and Article 107 of the Constitution is clear that a
judge can be removed only for proved misbehavior or incapacity.” says the Lawyers
for Democracy.
Susil Premajayantha
the
Lawyers for Democracy today said; “From the Ministers’ statement it is clear
that the PSC has not considered the most important aspect of the whole inquiry,
that is, whether the charges were proved or not. It is obvious from this
statement that the PSC has acted on its opinion and not on a determination of
guilt. After this admission by a senior member of the PSC it is not possible to
uphold that the inquiry was a judicial inquiry into the charges against the
CJ.”
Lawyers
for Democracy calls upon the Speaker to terminate these proceedings against the
CJ even at this late stage.
