CJ Impeachment: Order Due On Preliminary Objections To Controversial Appeal By AG
June 10, 2013
The controversial Supreme Court leave to appeal application by the Attorney General from the Appeal Court ruling that the arbitrary findings of the Parliamentary Select Committee (PSC) to conduct an inquiry to impeach Chief Justice Dr. Shirani Bandaranayake was illegal, was taken up today (10.06.2013) before a special bench set up to hear it. A previous ex parte order obtained quietly by the AG was set aside earlier after two of the respondents lodged strong written protest.
Chief Justice Shirani Bandaranayake
Those two respondents – Vijitha Herath, JVP MP and R. Sampanthan, TNA MP who had walked out of the PSC protesting its misconduct of proceedings and lack of due process, had filed further written preliminary objections dated 07.06.2013, to be considered by the Supreme Court today. They were to the effect that the AG has no standing as a non-party to the original case, having merely been requested by the Appeal Court to assist (as amicus curiae – a friend of court) by making submissions. He now seeks to upset the ruling, which none of the parties have appealed.
Counsel for the 11th Respondent M. A. Sumanthiran told the court that the Attorney General has tried to make an appeal as an ‘interloper’. Attorney General Palitha Fernando, PC objected strongly to the term. However Sumanthiran said this is the correct term to use as per the legal precedents. He said his submissions are intended to protect the honour of the court, and not for any personal gain of his client. Therefore he said, though his submissions are uncomfortable to some, it is well meant and purely to protect the integrity of the judicial function. He urged the court not to depart from over 200 years of judicial tradition.
