AG’s Appeal On CJ Impeachment: SC Judges Urged To Uphold Judicial Independence As Non-Negotiable Foundational Basis Of Society, AG Says “You Can’t”
November 28, 2013
The controversial appeal by the Attorney General from the Appeal Court ruling that the so called impeachment inquiry of the Parliamentary Select Committee against Chief Justice Dr. Shirani Bandaranayake was taken up today (28.11.2013) before a special bench of 5 judges nominated by de facto Chief Justice Mohan Pieris.
At one point, Justice Rohini Marasinghe observed that it seems clear that surely if the process is clearly wrong under the constitution, it is not sensible to say that court can’t make at least a declaration that there is unconstitutionality. She asked the Attorney General to respond on that. AG replied that unfortunately, courts can’t. AG first came into the case in the Appeal Court only on a special request by the Appeal Court judges to just assist them with submissions on the law (a status called in legal jargon as “amicus curiae” – court’s friend). The AG controversially turned into an appellant after the judgement, attacking the Appeal Court judgement through this appeal. According to reliable sources (who requested not to be named), this was due to heavy pressure from the Rajapaksa regime. Normally it is not for an “amicus curiae” to appeal against judgement. Protests against this by the parties to the case were earlier rejected by the same 5 judge bench.Read More