CJ’s Case: Full Text Of The Court Of Appeal Determination Today
Full text of the today’s Court of Appeal determination.In the application filed by the Chief Justice, the Court of Appeal has issued a Writ of Certiorari quashing the proceedings of the Parliamentary Select Committee on the impeachment.
The Court held that it had jurisdiction to look into this matter and it had the power to exercise judicial review on findings provided by the Constitution. Therefore this power cannot be abdicated by the other arms of the government namely the Legislature or the Executive.
Read the full text here
CJ’s Case Today Update : Whole Impeachment Fiasco Is Intended To Remove The CJ And Appoint A Stooge – Romesh
By Colombo Telegraph -January 7, 2013
The writ application filed by the Chief Justice Dr. Shirani Bandaranayake was taken up today, 7th January 2013 at 10am, before Justices S. Sriskandaraja, Anil Gooneratne and Salam.
Chief Justice
Romesh De Silva, PC appearing for the Petitioner, commenced submissions citing an observation of Chief Justice Abrahams in colonial times when the Attorney General of Ceylon appeared to defend the Governor General in a case, that the court is the only place of refuge for the citizen and said that it is imperative that court does what is right.
He made reference to the Supreme Court determination that Standing Order 78A is ultra vires and unconstitutional and submitted that on that ground alone, the relief sought should be granted, given that under the Constitution it is the Supreme Court alone which is required to interpret the Constitution. It is clear that the PSC is illegal.
Romesh De Silva submitted that apart from the above, the purported inquiry was held in a manner that was lacking in terms of the requirements of Wednesbury Reaonableness. Failure to give a list of witnesses and documents, no proper time given to inspect rheams of documents given with less than 24 hours to go through, denial of opportunity to xross-examine witnesses, refusal to allow independent observers etc were referred to.
De Silva also made submissions highlighting the inordinate bias of the government nominated members of the purported Parliamentary Select Committee. Clearly, the accusers, prosecutors and judge were all the same – contrary to all norms of a proper, fair impartial inquiry.
De Silva also submitted that the PSC acted deviously by informing the CJ and her lawyers that no witnesses were being called and surreptitiously calling 16 witnesses over the phone. Thus, steps were taken to deprive the CJ of a fair inquiry.
He also submitted thar there was also procedural impropriety, in that there was no proper clear procedure adopted by the PSC. In fact, all steps taken to secure a proper process were refused and denied.
