Video: PSC void, SC determines

Thursday, 03 January 2013 11:30

The Parliamentary Select Committee (PSC) has no legal power or authority to find a judge guilty because standing order 78(A) is not law, the Supreme Court determines.

The Court of appeal reading out the Supreme Court interpretation of the Constitution today stated the power to make a valid finding after investigation can be conferred on a court tribunal or any other body only by law and law alone.

The court said that the sole and exclusive jurisdiction of interpreting the constitution is with the Supreme Court

“The proceedings that commenced before PSC is not contemplated by law and the commencement of proceeding and continuance is prima facie void”, the appeal Court said. (By Hafeel Farisz)

►WATCH

THE SUPREME COURT DETERMINATION ON THE PARLIAMENT SELECT COMMITTEE PROCEEDINGS

Comments

-0+0 # Citizen 2013-01-03 05:30

Who cares

-0+0 # Citizen 2013-01-03 05:30

Do these kind impeachment in India and you'll see the Opposition ,Media , civil society and the public take to the streets until u reverse the decision or Government toppled.

-27+497 # Juba ! 2013-01-03 11:57

Well Well Well !! Interesting. Hope the judiciary actually can stand on it's own to over rule the corrupt politics in all other cases too. Kind of glad to know that the legal system can run independently.

-23+409 # AllAngle 2013-01-03 11:57

Good Turn. Let's see PSC response.

-7+183 # Citizen 2013-01-03 12:00

What next?

-1+3 # OWL Raaja 2013-01-04 13:41

Avuluck

-329+75 # Prabath 2013-01-03 12:05

Then who has the authority to find a Judge guilty?????

-8+23 # kumara 2013-01-03 14:58

-3+71 # EW Golding 2013-01-03 17:38

A body established by Parliament under a LAW (that is by gazetting and enacting a law) can do so, if the law is drafted and enacted properly - like other valid laws. IT CANNOT BE DONE UNDER A STANDING ORDER.

-5+158 # Silas 2013-01-03 12:07

Now we wait...

-36+161 # Ryan 2013-01-03 12:10

PSC did not hear this. That is all.

-8+165 # Ramzeel 2013-01-03 12:11

When the Z score problem came up, the Supreme Court gave its decision.

-11+197 # SudhuPancha 2013-01-03 12:11

Let the Games begin!!!!!!!!!! !!!!!

-16+258 # Minister 2013-01-03 12:12

We see a light at the end of the tunnel.

-27+261 # weerawardena 2013-01-03 12:27

impartial decission. very good decession.

-0+0 # lakmal 2013-01-03 12:51

impartaild decison? are you mad ? it is said they read out the supreme court's decison ? so who is the current head of the supreme court now?

-0+0 # lakmal 2013-01-03 12:53

who wrote the judgement the CJ her self ? as the head of the supreme court ? any body who thinks this is impartial or is good decison needs their head examined

-0+0 # Faazuk 2013-01-03 13:19

I really appriciate the decision of the court

-0+0 # lakmal 2013-01-03 13:30

This ruling seems to directly contradict 107 SL consitution ...case of naduth hamduruwange , baduth hamduwarnge
107(3) Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of such an address, including the procedure for the passing of a such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of such Judge to appear and to be heard in person or by representative"

-12+195 # Rahmathullah M. H. 2013-01-03 15:28

A very good lesson to 8-passed politicians, who think they are above the law.

-8+100 # adam 2013-01-03 15:38

Exactly.....

-6+110 # adam 2013-01-03 15:47

The next SC ruling must be given on impartial definition about the court orders given in the past allowing MPs to change their parliament seats for their own personal interest throwing away the votes of poor people who casted with the expectation that those MPs would represent their views in the parliament.

-82+9 # Vishaka 2013-01-03 15:42

Again big problem in the country.

-63+15 # alisten 2013-01-03 16:42

The question is , who has the authority to dismiss and appoint SC. The parilment will amend the law possibly.

-3+39 # srinath.gunaratne 2013-01-03 17:39

Is There a judicial service commission to investigate judges under 18th amendment? Law experts explain to us please

-1+3 # Ajith 2013-01-04 12:29

alisten,
The president himself has the authority, But after a proper investigation, conducted by a body of legally capable and on a recommendation of a PSC.

-0+0 # lakmal 2013-01-03 18:27

where is my comment ? ru been bais? only comments that support ur parsain view gets printed da?

-1+7 # sathees 2013-01-04 00:43

This is a constitutional crisis. Well now what?

-3+24 # Jayantha 2013-01-04 01:16

Thank you Daily Mirror for the Video clip and the Select committee Verdict. We are happy that Justice still prevail in Sri Lanka.

-1+18 # Javi 2013-01-04 01:35

Democratic war good for the country

-2+16 # Cobra 2013-01-04 06:25

Aney honda!!

-3+26 # Saman 2013-01-04 06:47

At least both parties will learn LAW OF THE COUNTRY by this struggle. It is shame to get involved persons who not even a degree to comment on these issues in the parliament

-1+6 # Al Rasa 2013-01-04 08:33

PSC determination is entirely in error due to the very fact that
they have omitted by standing order

-3+15 # willows 2013-01-04 09:08

very good lesson for every one.

-3+19 # asoka abey 2013-01-04 09:26

ko aney wimal...?

-3+6 # weerawardena 2013-01-04 12:38

politician should not think that thay are above the low. low should be respect ed by everybody .

-3+10 # Dalu banda 2013-01-04 13:29

wimalee american kaarayo mmeke passe, wedee kelavenni yanne, panimuda Iranetawath.

-0+1 # JUGHEAD 2013-01-05 11:18

SC should have also given this kind of lightening fast order on the Golden Key case too, where 7000+ depositors are still waiting for justice to be delivered after 4 years.
Is quick justice only for the judges?

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