CJ Shirani Impeachment – 5 Judge SC Bench Throws Out Preliminary Objections To Accepting AG’s Controversial Appeal – Full Text
June 29, 2013 |
A 5 member Supreme Court bench delivered order dated 28.06.2013, rejecting several preliminary objections by respondents. The order contains the bench’s ruling on the following issues raised by respondents who had strongly protested at permission (leave to appeal) being obtained by the AG secretly and without any notice to them, violating the Supreme Court’s own rules and the established practices:
Chief Justice Shirani Bandaranayake
1) Attorney General has failed to comply with Rule 8 of the Supreme Court Rules;
2) Attorney General cannot represent State interests and make an appeal against the judgment which the State has failed to comply with;
3) Attorney General is not entitled to seek to appeal against a judgment of the Court of Appeal in a case in which he was not a party and was invited by Court to assist court as ‘amicus curiae’;
4) Attorney General’s application is an abuse of the process of Court and is futile; and
5) Attorney General’s application has not been properly made as he has failed to file an affidavit in support of his petition filed in this case.
