CA refers petitions to Supreme Court

20 November 2012 01:31 pm

The Court of Appeal today referred to the Supreme Court for its constitutional interpretation of Article 107(3) of the Constitution on the procedure to be adopted on the impeachment of a Judge.

The Bench comprising Justices S. Sriskandarajah (President of C/A), Anil Goonaratne and A.W.A. Salam decided to forward the reference in respect of four Writ petitions seeking to prohibit members of the Parliamentary Select Committee (PSC) from continuing the investigation into allegations against the Chief Justice Shirani A. Bandaranayake.

These petitions were filed on the grounds that the PSC has no judicial power.

The Article 107(3) of the Constitution in question reads as follows:

“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 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.”(S.S. Selvanayagam)

Related Link
Petitions on impeachment before Appeal Court