The Court of Appeal yesterday nominated a Three-Judge Divisional Bench to hear the Writ applications seeking to prohibit the members of the Parliamentary Select Committee (PSC) from continuing the probe on the impeachment motion against Chief Justice Shirani A. Bandaranayake.
The Bench comprising Justices S. Sriskandarajah (President of C/A) and P.W.D.C. Jayathilaka nominated Justices S. Sriskandarajah, Sisira de Abrew and Anil Goonaratne to hear the applications today to consider the petitions for an interim order.
An application for Writ of Prohibition was filed by former Ceylon Chamber of Commerce Chairman Chandra Jayaratne. As respondents he cited the PSC members: Ministers Anura Priyadarshana Yapa, Nimal Siripala de Silva, Susil Premajayantha, Rajitha Senaratne, Wimal Weerawansa and Dilan Perera, Deputy Minister Neomal Perera and MPs Lakshman Kiriella and John Amaratunga R. Sampathan and Vijitha Herath as respondents.
The petitioner sought a Writ of Prohibition and an interim order to restrain the PSC from continuing the investigation into the impeachment motion.
K. Kanag Iswaran PC with Buddhika Ilankathilake instructed by Lilanthi de Silva appeared for the petitioner.
In a separate writ application senior attorney and President’s Counsel Dr. Jayampathy Wickramaratne argued that the procedure set out in Standing Order 78A of the Standing Orders of Parliament which has been used to impeach Chief Justice Bandaranayake was patently an unfair and unreasonable procedure and it lacked transparency and integrity.
Dr. Jayampathy claimed that the said Standing Order prejudicially affected the independence of the judiciary and it was detrimental to the interest of the legal profession and also the public interest and sought an interim order to prevent PSC members from taking any step under the said Standing Order against CJ Bandaranayake. (S. S. Selvanayagam)