By Colombo Telegraph –
The Supreme Court today made a request to the Parliamentary Select Committee appointed to inquire into the impeachment motion against the Chief Justice to defer its proceedings until the Supreme Court makes a determination on the constitutionality of Standing Order 78A which has been framed under Article 107 of the Constitution. The Supreme Court Bench comprising Justices Gamini Amaratunga, K. Sripavan and Priyasath Dep stated that the request was being made in the background of the mutual respect that exists between the Parliament and the judiciary. The Court directed the Court of Appeal to notice the respondents to file their written submissions. After the respondents file their submissions, the petitioners and the Attorney General could file their submissions. The case will be called before the Supreme Court on 28 November to fix dates for argument.
Related stories;
Full Text: Dr Jayampathy Wickramaratne’s Petition Against The Impeachment Of The CJ
Full Text: Chandra Jayaratne’s Petition Against The Impeachment Of The CJ
Safa / November 22, 2012
In this serious matter of interpretation of the Constitution all parties need to excercise extreme caution as it will have far reaching impact on the issues of governance in Sri Lanka.
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James Bond / November 22, 2012
The final show down between judiciary and executive is here! The Kangaroo Court called the PSC is DEAD IN THE WATER..
Time for the citizens of Lanka, the people, FUTA, professionals,lawyers, doctors, teachers etc. to intervene! Time is ripe for the SRI LANKA SPRING, Lankan citizens must go on the streets and ask the Rajapakssa Brothers to leave the chief Justice alone and go play with themselves.
Rajapassa should be told to PISS OFF AND DIE by the people of Lanka who have had as much as they can take from this barbaric regime. Enough is enough! Time for the criminal regime that is drunk with power and greed to get lost or be sent to the Hague for a war crimes trial!
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Wuliangguobinjiu / November 22, 2012
Kangaroo court is American court not even British or Australian. Like the kangaroo the classic Sri Lankan monkey belches and farts so let me call it the “One and only Monkey Court” not parana court.
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Katmai / November 23, 2012
To the legal fraternity this might look like a “serious matter” but for the rest of the people this is just a dog and a pony show. Other people’s issues have been taken lightly by you for such a long time that others don’t give a damn about your “serious matters” anymore.
You will also be reduced to a bunch of B-lickers soon, just like the khaki coats. Well most of you are already that anyway.
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Ronny / November 22, 2012
and, if the PSC proceeds, all the committee members including those from the Opposition should be punished to the maximum for “Contempt of Courts”. Judiciary seems to be somewhat independent and we should not allow the Executive to crush this independence through deadly threats like what they have done to almost all the mass media institutions.
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Kautilya / November 22, 2012
I received a SMS from adaderana stating Deputy Speaker, that PSC will meet tomorrow as scheduled. Can any one brief about what would be the next if PSC continue disregarding SC request.
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srilal / November 22, 2012
This is only a request , not a demand !
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Leon / November 22, 2012
It is high time the citizens of Sri Lanka get rid of these uneducated,uncouth uncultured rascals and send them to face the International Criminal Court in the Hague Lets hope the impeachment of the Chief Justice is the straw that broke the camels back.
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Katmai / November 23, 2012
Hey great idea Leon. Do you have any plans as to how us “citizens” should go about doing this?
You see, in Sri Lanka we have plenty of people (including the opposition) who can tell you exactly what is wrong with the country. But nobody has any idea what must be done to fix it.
Since you have been living SOMEWHERE ELSE, may be you will have some ideas on how to fix it?
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AYMAN / November 26, 2012
JUST READ THIS COMMENT OF A READER OF “SAUDI GAZETTE”;
SRI LANKAN FOR JUSTICE
BRAVE WOMAN
THE IMPEACHMENT MOTION AT THE INSTANCE OF THE RAJAPAKSE GOVT, MAY “BOOMERNG” ON THEM. THE JUDGES,LAWYERS,PROFESSIONALS, UNIVERSITY PROFESSORS AND TRADE UNIONS ARE ALL UNITING UNDER THE LEADERSHIP OF A VERY RESPECTED BUDDHIST MONK. RAJAPAKSES HAVE “BITTEN A LITTLE MORE THAN THEY CAN CHEW”
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kamal nissanka / November 22, 2012
Please note the lawyers in the select committee , be caution, you may stripe your legal coat , abide by the supreme court decision and BASL decision. this is a request not a warnng.
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Safa / November 22, 2012
The PSC needs to heed the request of the highest court in the land. If not they are in contempt and in conflict with the laws of the land. If they think that they are above the law and can do without the courts and judicial system then this could lead to complete anarchy. Courts will no longer be needed to interpret the constitution or laws.
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Roshan / November 22, 2012
It is hard to tell until without sight of the text of the Court order. Perhaps the CT could publish it and also the counter submissions for the benefit of those who wish to comment on them.
Perhaps some on should issue proceedings against the Speaker for constituting an unconstitutional and therefore illegal body to enquire into allegations against the CJ.
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Roshan / November 22, 2012
It is hard to tell without sight of the text of the Court order. Perhaps the CT could publish it and also the counter submissions for the benefit of those who wish to comment on them.
Perhaps some on should issue proceedings against the Speaker for constituting an unconstitutional and therefore illegal body to enquire into allegations against the CJ.
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Selwyn / November 22, 2012
If the PSC does not adhere to the request of the SC then we fall to the level of a ‘Pariah State’. Thus begins the Mayhem.
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Mahela / November 23, 2012
We are 90% there….thanks to uneducated cronies…and a natu opposition leader.
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AYMAN / November 26, 2012
WE ARE ALREADY A “PARIAH STATE”
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srilal / November 22, 2012
if you happened to read this forum Madam CJ , please please seek some URGENT legal assistance ,i.e talk to AG , senior legal professionals etc.
Once you attend for this SO CALLED PSC , it will be a done deal .so try to delay as much as possible.
May God Bless you.
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Ronny / November 22, 2012
Srilal, you are very correct. If CJ attends, she too would be violating the request of the SC and PSC proceedings would become legal. What would happen if she doesn’t turn up as the SC has requested the PSC to wait until a ruling is given? The AG can answer to this.
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Roshan / November 22, 2012
According to a Press Trust Report appearing today in the Business Standard the SC refused an interim injunction against the impeachment process.
The SC has recommended that until it gave its determination the PSC delay its proceedings . The word used is ‘recommendation’ which to my mind is a novel kind of interim relief emanating from the Court. It would help if some one out there could upload the court order please.
The Court could have grasped the nettle but it failed to do that. We could end up in a situation in which the Court would legitimise the proceedings of the PSC either by failing to take timely action or refusing the relief.
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Oh my God! / November 22, 2012
The Court has acted cautiously as its treading unfamiliar ground. But at this moment, considering the type of uneducated politicians we have in Parliament, the SC should have been more clear and precise in its Order. Should have ordered the PSC to delay proceedings till the SC considers the petitions. What is purpose of ‘recommending’ an action when the present Parliamentarians do not understand the word ‘recommend’? It should be either “DO” or “DO NOT”!
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Jayantha / November 22, 2012
Yes can you ever imagine a grade 8 qualified school drop out and a “yes sir” cross over goons deciding the fate of a Chief Judg in the country…Please help us God for us to kick all these 3rd grade pi.ps from the parliament and to rescue our country. The 83 million annual payroll NATO opposition Leader is sleeping when people are dying.
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Katmai / November 23, 2012
Would this be a good time to suggest that Universal Suffrage is not such a good idea?
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Uthungan / November 23, 2012
A stark crisis with the executive and the judiciary facing eyeball to eyeball is emerging.
The SC’s request to the PSC to defer proceedings until it makes a decision on the constitutionality of Standing Order 78A which has been framed under Article 107 of the Constitution causes a problem.
The Speaker may not comply with the request on the ground of delay or he may say that sovereignity rest with parliament as it represents the people who elected it’s members and allow the the PSC to proceed with the impeachment motion unless some valid last minute objection can be brought against a member of members of the PSC and disqulify him/them from taking part in the proceedings.
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Bedrock Barney / November 23, 2012
Impeach! Impeach! Impeach! Enough already. Just do it or don’t.
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Sirisena Yatawara / November 23, 2012
Price paid by Sri lanakn public ongoing corrupation in Headed by CJ and Husband are very serious offance Not against Execcutive(President) or Legislature (Parliment) this charges OFFANCE AGINSIT PUBLIC AND PUBLIC FUNDS ARE BELONGS TO PEOPLE OF SRI LANKA.
In the interest of Justice and Fair play Natioanl Legal system and court of law and preservation of Democratic order that, the Sri Lankan has upheld benefited from since Indepandeance 1948, must take necessary compromises and aggre on a deal to address PUBLIC the unpercedent Judicial Crisis of Corruaption and impechment agiainst
CJ’s in both the near and long-term.
I am not LEGAL OR A Judicial analyst ,so I don’t presume to know exactaly what a grand baragin of suspending if Imperchent BY Superem Court should look like. It seems pretty obviuos that a compromise will requries both refome of Justice or leagal system ,including if necessary some Courts of Judges replace by refome ,since those legal proceduing are biggest drive of the imperachment and corrurpation crisis of CJ and husband.
What I do know as Judicaial point of view is that our continuing failure to address the crisis of CJ and Husband IMPERACHMENT OF CORRUPATION in a way that makes possible a return to UNSTABLE JUSTICE ORDER PROGRESS has become a seriously effect to LEGAL POLICY AND PRINCIPLE of LAW PROBLEM.
In one way is leadership issue of Court of Law in Sri lanka on many issues,despite what some say our utter dysfuncation of matters Pariliment of President involving the basic INTERGRITY OF JUSTICE OUR LEGAL ORDER DOES NOT INSPIRE CONFIDENCE.
Nor will the Superem Court act with confidence in this serious offance by CJ ,while we are unable to address our other legal problems at Justice of HULFTSDROP- SCHOOL OF JUDICIAL SOVERGRINITY.
It is NOT accident that all the misguided talk of Corupation of Executive or Legislature are time being irrelvant the CJ Imperchment came after the Corrupation scandle and crisis exploded.
Ongoing Currupation charges a principle victims are really Legal system and Justice of Court of law and PUBLIC OF SRI LANKAN,in the absence of a deal to address the corrupation crisis of Cj has been will contiune to be Court of law.
the superem of Sri Lankan have been prepared to see CJ’s action of msusing position will be deeply effect on basic line of authanicity and social moral of corrupation of scandle of crisis in positive approch of verdit of Impercahment probe by Parlement.
The Sri Lankan won’t stand still while fight for CJ’s of corrupation in legal battle inside and outside Parliment anf court of law.And it won’t goriving of decesion that WEAKEN OUR ABILITY DEFEND LEGAL ORDER OF SRI LANKA.
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Mahela / November 23, 2012
Is there anything we could do to tell Internaional Community to arrest and Impeach MARA for stealing their doantions sent to Tsunami victims Helping Hambantota fund. Any suggestions…
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Sirisena Yatawara / November 23, 2012
read as “Superem Court of Sri Lanka’….
..And it won’t Forgiving..
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Safa / November 23, 2012
By disregarding a reasonable request by the SC the Speaker has exposed the hidden agenda of the executive and govt to subjugate and humiliate the judiciary.
The international community must take note of this and any further deterioration in the situation in Sri Lanka will be totally due to these irresponsible actions. All civil organisations in Sri Lanka must vehemently condemn this shortsighted action.
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