“CJ can continue to hear cases”

10 November 2012 04:12 am

On behalf of group of concerned attorneys, a senior counsel yesterday informed the Supreme Court that there is no legal or moral barrier for Chief Justice Dr. Shirani Bandaranayake to continue to hear cases while a motion for impeachment is pending in Parliament.

Writing to the Registrar of the Supreme Court, President’s Counsel K. Kanag-Isvaran stated there was no impediment of hindrance or moral issue for the Chief Justice to continue to preside over the Supreme Court as long as she held the office of CJ.  

“In my opinion there is no impediment,  or hindrance of whatsoever nature, whether as a matter of constitutional law or otherwise or of morality which prohibits and or otherwise obligates the Chief Justice to refrain from functioning and or presiding at sittings of the Supreme Court so long as she continued to hold the office of the Chief Justice,” the senior counsel stated.

He requesteded the Registrar to convey this opinion to the CJ Dr. Bandaranayake and other judges of the Supreme Court.

He was responding to the contents of a publication which insinuated the CJ should not preside at sittings of the Supreme Court in the present circumstances.

Senior counsel added  all right thinking people would agree that the intergrity of the institution of justice must be secured, preserved and safeguarded for now and for posterity. (Susitha R. Fernando)