Fundamental Rights pleas Against Impeachment of Chief Justice Allowed to Proceed by Supreme Court

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By Chitra Weerarathne

The Supreme Court yesterday granted leave to proceed with the fundamental rights violation applications, filed by three petitioners, complaining that the Impeachment Process, contained in Standing Order 78A, which sought to permit judicial or quasi judicial powers to be exercised by Parliament, contravened Articles 4 © and 3 of the constitution.

The three petitioners are, Janaka Adhikari of Anuradhapeura Athula Chandrapala Thenuwara of Ethul Kotte and Mahindra Jayasinghe, the General Secretary of the Ceylon Teachers’ Union.

The petitioners’ claimed that their right to equality under the law, guaranteed in Article 12 ©(1) was also breached. Article 4© refers to the right to have an independent judiciary. Article 3 confers the sovereignty on the people.

The petitioner had requested the Standing Order 78 A, under which a select committee had been appointed to investigate allegations against the Chief Justice, Dr. Shirani Bandaranayake, be declared null and void.

The petitioners had also requested the court to grant, leave to proceed and an interim order restraining the parliamentary select committee from proceeding with the inquiry on the charges against the Chief Justice, until the petition is finally determined.

The respondents are Chamal Rajapakse, the Speaker of Parliament, and all eleven members of the Parliamentary Select Committee including its chairman Anura Priyadarshane Yapa and also the Attorney General.

When the petition was called before the Supreme Court yesterday, the Deputy Solicitor General Shavindra Fernando, objected to leave to proceed being granted, on the grounds that the appointment of the parliamentary select committee is a legislative process.

The Court said that it was an arguable matter and granted leave to proceed. Hearing was fixed for January 21, 2013 M. A. Sumanthiran appeared with Viran Corea for the petitioners. The Bench comprised Justices N. G. Amaratunga, K. Sripavan and Priyasard Dep.

The counsel for the petitioner M. A. Sumanthiran, retained the right to file a motion, asking for interim relief against the proceedings of the select committee, at a later hearing.
COURTESY:THE ISLAND