Colombo, January
3, 2013 | The Hindu
AP Sri Lanka's Chief Justice
Shirani Bandaranayake. File photo
With the Sri Lankan Supreme Court determining on
Thursday that a Parliamentary Select Committee (PSC) had “no legal authority”
to declare guilty or pronounce a decision affecting the rights of the judge,
the impeachment proceedings against Chief Justice Shirani Bandaranayake has set
the stage for a legislature versus judiciary tussle.
Earlier, the Court of appeal, which was hearing
the case, had turned to the Supreme Court for an interpretation of the
Constitution. As per the Sri Lankan Constitution, Supreme Court is the sole and
exclusive authority for interpretation of the Constitution.
The Apex Court, pointing to obvious flaws in the
PSC process, made a far-reaching, and clear-cut order on the right of the
defendant: “The right of the Judge under investigation to appear at the
investigation and be heard being a fundamental principle of natural justice
should also be provided by law with a clear indication of the scope of “the
right to be heard” such as the right to cross examine witnesses, to call
witness and adduce evidence, both oral and documentary.”
Proceedings void
Reading out the determination, the Court of
Appeal said: “The proceedings that commenced before PSC is not contemplated by
law and the commencement of proceeding and continuance is prima facie void.”
The PSC, which had probed allegations of
corruption against Ms. Justice Bandaranayake, found her guilty and had
submitted its findings to Speaker Chamal Rajapaksa in December. Parliament is
slated to take up a debate on the impeachment from January 8. A civil society
activist, Chandra Jayaratne, had approached the courts over the issue. The
court had subsequently served notices on all PSC members. The Speaker said
members of the PSC, constituted in November to probe the allegations against
the Chief Justice, need not heed the notice of the Court of Appeal. All ruling
party members and members of the main opposition party, the UNP, stayed away
from the court proceedings. Two other opposition parties, TNA and JVP,
submitted themselves to court proceedings.
Asked if the decision meant that a judiciary
versus Parliament clash was on the cards, Cabinet spokesperson and Media
Minister Kehelia Rambukwella said: “I can’t say no to it.”
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