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Petitions on impeachment before Appeal Court

19 November 2012 08:51 pm - 12     - {{hitsCtrl.values.hits}}


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)

  Comments - 12

  • MagodisThuma Tuesday, 20 November 2012 12:55 AM

    Now we are sick of this never ending Soap Opera !

    R Liyanage Tuesday, 20 November 2012 02:24 AM

    i this people will see how manipulative the judiciary now!

    Senaka Tuesday, 20 November 2012 05:51 AM

    Good move. Best wishes!
    Whatever it is we like to see justice prevail at the end.

    MAN - SEC Tuesday, 20 November 2012 07:00 AM


    Vishali Tuesday, 20 November 2012 07:10 AM

    As per constitution , Parliament is supreme. Court of Appeal cannot interfere in the spremacy of Parliament. When Anura was speaker, he stood for the supremacy of Patliament in a similar situation.

    Shan Tuesday, 20 November 2012 07:17 AM

    Appreciate the courage of Mr Chandra Jayaratne. Bravo Sir !

    Mikee Tuesday, 20 November 2012 07:33 AM

    Surely what is the qualification Modawansa possess to be a member of the PSC to impeach an academic like the Chief Justice !!!

    Kautilya Tuesday, 20 November 2012 08:04 AM

    Grade 8

    shanthi Tuesday, 20 November 2012 09:09 AM

    First, you must learn ABC of constitution!

    shanthi Tuesday, 20 November 2012 09:13 AM


    Mikee Tuesday, 20 November 2012 09:20 AM

    You must be right Kautilya as the old saying goes that "Empty vessels make the loudest sound", so it is a proven fact.

    Upali Tuesday, 20 November 2012 09:28 AM

    Jayampathy and Jayaratne, congratulations and the best of luck

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