PSC cannot come to a finding adversely affecting the rights of a judge – Court of Appeal
Posted by Editor on January 3, 2013 - 1:25 pm
The Court of Appeal read out the determination of the Supreme Court a short while ago in relation to several matters which had been referred to the Supreme Court by the Court of Appeal on the interpretation of the constitution.
According to Attorney-at-Law Saliya Peiris, the Supreme Court had determined that the Parliamentary Select Committee which examined the impeachment motion against the Chief Justice under Standing Orders 78/A has no legal power or authority to come to a finding adversely affecting the rights of a judge.
Courtesy: News First
Latest Headlines in Sri Lanka
- NPP presents 7-point pledge on Easter Sunday Attack to Cardinal Ranjith April 18, 2024
- Dialog Axiata to acquire Bharti Airtel’s telecom operations in Sri Lanka April 18, 2024
- IMF ready to support Sri Lanka’s discussions with bondholders April 18, 2024
- Sri Lankan among NASA’s new crew for next simulated Mars journey April 18, 2024
- Court extends enjoining order blocking Sirisena from SLFP chairmanship until May 9 April 18, 2024
This is shocking. This is unbelievable.
The Appeal Court is protecting its boss.
The impeachment in accordance with the Constitution of the Sovereign and independent State of Sri Lanka (which clearly provides for that process) should proceed.
Legislative is above the Judiciary. Hence the Judiciary cannot rule against the finding and ruling of the PSC.
I agree with Usman.
This is shocking piece of news! It is a travesty of justice.
The CJ was represented by a Tamil lawyer wearing a “Pottu” which clearly shows his allegiance.
The TNA boss who a member of the PSC sent his “brainy” offsider to appear on his behalf.
The President Court of Appeal is Justice S Sri Skandarajah and the other judges are: Justice M A Salam and Justice Anil Gunaratne.
It is clear the leadership of the Appeal Court and majority in the Appeal Court bench is the hands of non sinhala speaking, non buddhist hands.
The judiciary is in urgent need of of reform so that its decisions reflect the views of the Sihala speaking buddhist peasantry who are the majority in our land.
The Supreme Court in its ruling on constitutional provisions, has conviniently ommitted reference to existing provisions that include matters relating to the investigation of the alleged misbehavior or incapacity should be carried out by a body constituted under the law OR UNDER STANDING ORDERS.
The judiciary requires reform and a complete revamp as the fossils who sit in the higher echelons are totally out of touch with reality.
When the motion to impeach is passed by Parliament and is signed off by the President, the CJ is not likely to accept the order to leave office as such an order, it will be claimed, is not in accordance with the constitution as said by the Appeals Court.
The best way forward is to temporarily relieve the CJ of duties and appoint and acting CJ prior to taking up the impeachment motion in Parliament. In this way, we can prevent the CJ from locking herself up in her office and refuse to receive the order removing her from office when it is deleivered to her office.
People like mr:/mrs/ Chanthini should not comment because of hate and discrimination. hold your tung for the sake of unity of our mother land.
Dear Mohda Sukri,
I write the truth and nothing but the truth. If the truth is hurting you or is intolerable to you, that is your weakness and perhaps, your problem too. Please learn to deal with it.