Nine-judge bench to hear impeachment petitions

5 March 2013 12:42 am - 8     - {{hitsCtrl.values.hits}}

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A nine-judge Supreme Court Bench has been nominated to hear five fundamental rights applications and special leave to appeal on the Court of Appeal judgment regarding the impeachment of former Chief Justice Dr. Shirani A. Bandaranayake and the appointment of Mohan Peiris as Chief Justice.

The cases are fixed to be taken up today before a Bench comprising Justices Shiranee Tilakawardane, N.G. Amaratunga, Saleem Marsoof, K. Sripavan, P.A. Ratnayake, Chandra Ekanayake, Sathya Hettige, Priyasath Dep and S.E. Wanasundera.

The FR petitions have been filed by the Centre for Policy Alternatives (CPA), Ceylon Teachers’ Services Union (CTSU), Athula Chandragupta Thenuwara, the Inter Companies Employees’ Union (ICEU) and the Bar Association of Sri Lanka (BASL). Special leave appeal application has been filed by Sumuthu Kantha Hewage.

In four of the fundamental rights applications against the impeachment process against former CJ Bandaranayake, the petitioners seek a declaration that Standing Order 78A is ultra vires the Constitution and null and void and has no force or effect in law.

They cited Speaker Chamal Rajapaksa, the Parliamentary Select Committee members Anura Priyadarshana Yapa, Nimal Siripala de Silva, Susil Premajayantha, Rajitha Senaratne, Wimal Weerawansa, Dilan Perera, Neomal Perera, Lakshman Kiriella, John Amaratunga, Rajavarothayam Sampanthan and Vijitha Herath and the Attorney General as respondents.

The CPA in its petition seeks an order restraining President’s Counsel Mohan Peiris from accepting the post of Chief Justice and from exercising the functions thereof.

The CPA cited Parliamentary Council Members Prime Minister D.M. Jayaratne, Speaker Chamal Rajapaksa, Opposition Leader Ranil Wickremesinghe, A.H.M. Azwer and D.M. Swaminathan, Mohan Peiris and the Attorney General as respondents.

Special leave to appeal application was filed by Sumudu Kantha Hewage, who filed application for intervention in the Court of Appeal, seeking to set aside and reverse the order of the Court of Appeal which quashed the decision of the PSC report.

He cited Members of the Parliamentary Select Committee the parliament Secretary General, W.B.D. Dassanayake and the Attorney General as respondents. (S.S. Selvanayagam)
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  Comments - 8

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  • Anna Tuesday, 05 March 2013 12:00 AM

    what a waste of time! via DM Android App

    Max Tuesday, 05 March 2013 08:08 AM

    CJ was kicked out in around 72 hours. Hope this one lasts a bit longer.

    Ravi Tuesday, 05 March 2013 03:06 AM

    No faith in judicial system. Already there briefed.

    C.Seneveratne Tuesday, 05 March 2013 08:31 AM

    Nothing will change even if we have 50 judges.

    Neil Tuesday, 05 March 2013 03:15 AM

    Whitewash

    S.Sriranjan Tuesday, 05 March 2013 12:12 PM

    Depend on Which is Supreme???

    kiwi Tuesday, 05 March 2013 12:31 PM

    So the CJ nominates a bench to hear a case against him!!!!!!

    MagodisThuma Tuesday, 05 March 2013 01:11 AM

    What's the use... ? verdict is already given...!


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