By Colombo Telegraph –
The Court of Appeal today observed that it has the jurisdiction to hear the writ petition filed by Chief Justice Shirani Bandaranayake challenging the findings of the Parliament Select Committee (PSC) and as such issued notices on the Speaker and PSC members returnable on January 3, 2013.
The Appeal Court also observed that the Speaker and the PSC members should advise themselves not to act in a derogatory manner with regard to the CJ’s rights and that any act disregarding the ongoing case and moves to alter the status quo may lead to chaotic situation in the country.
Romesh De Silva PC yesterday told courts that the PSC procedure had not followed due process and could not grant his client a fair trial. He told the court that no procedure under law to carry out an inquiry into the charges contained in the impeachment motion against his client and added that some members of the PSC had verbally abused the Chief Justice.
Related posts;
CJ’s Case: AC To Decided Tomorrow Whether To Issue Interim Order And Serve Notice On Speaker
Impeachment Proceedings Subject To Review By Courts- Sri Lanka Tells United Nations
CJ’s Writ Applications Will Be Supported Tomorrow Morning
Breaking News: Chief Justice Filed Action Against PSC Report: Full Text Of The Petition
Reder / December 21, 2012
Now What are the next big lies From the sri Lankan parliament speaker & rest of 7 lyres?
MR, Pleaseeeeeeeeee Do not insult Sri Lankan Innocent people. Not to CJ.
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Real Peace / December 21, 2012
Trust me Mahinda has no brain or vision to act like a statesman to solve this crisis. He will only make things worse. Wait and see….he will do to the Sinhalese what prabaharan did to the Tamils – irreversible disaster!!
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Peris Appu / December 21, 2012
wait and see, this will surely weaken his stand.
Then people that have easily been deceived will finally help changing their attitudes – that the country is in a mess. Not roads developments or any other projects will further support rulers to continue their brutal governance – .. their days are numbered – hurrah :)
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Saman Wijesiri / December 21, 2012
Hurrah! A victory for justice! This calls for three hearty cheers!
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A lover of justice / December 21, 2012
This is not an occasion for fighting for dignity. Parliament should respect judiciary and the judiciary should respect Parliament. The way the order has been drafted by Court of Appeal, the judiciary has respected Parliament. It is now up to Parliament to show reciprocity.
SL can learn from Pakistan in this matter. When its SC found PM guilty of the contempt of court, Parliament respected that verdict and allowed PM to resign and go rather than fighting with the courts.
Hope SL Parliament too has the same wisdom and does not do anything to drag the country to chaos as warned by the courts.
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Jagath Jayaweera / December 21, 2012
This is justice for Saman Wijesiri?
The judges get good money and perks from the tax payer and sit on cases for years. Of course they will try to look after each other.
But the Speaker or members of parliament will not go to court because they dont have to.
THey are elected and judges are appointed by them.
So who is trying to rule whom, Wijesiri?
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Ronny / December 21, 2012
Simple question – Why was SB jailed on Contempt of Courts charges? The judges get good money from the tax payers. True, but they don’t get money by looting or through extortions or by selling dangerous drugs like the ruling politicians. Just compare the academic levels of the judges with those of the present day ruling politicians. Very pathetic to see uneducated thugs ruling the country and being supported with similar mentality people.
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Ruki Herath / December 21, 2012
Jagath, again (and again) you are burying your head in the sand. Yes, our courts are not the most efficient, and their are many reasons. In my view, the biggest is the political interference. Look at the case of Barathha Lakshman Premachandra (I am in no way a fan of his. He was a thug!). Courts asked the Police to arrest him, Police (and everyone else) knew jolly well that he is in another country. Then the thing to do is to issue a warrant through Interpol. Did that happen? So no wonder after 1+ years, nothing has happened.
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Peris Appu / December 21, 2012
If I may remind you, President himself made it clear that this impeachment case was filed – without his proper knowledge. As several commentators of this and other forums described, he behaved himself as baby boy in this regard. He did not even know why they the low grade signees completed list and submitted.
So, after the petition was arbitorily made and in the first session of the meetings itself revealed, that none of the PSC (govt side) had behaved to any acceptable lawful manner. From the beginning of the process on, if any right thinking would feel it – all these were held not to a lawful manner either. Even if the ministers like Kehelmal or Mervin and the like minded continue with their way of criticisms – many in and out of the country are well aware – that the country is marching towards anarchy.
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Yoganathan Mudali / December 21, 2012
The Court of Appeal judges who had made this order had foregone their future elevation to the Supreme Court during Mahinda’s period. Let us salute them first for their bold move.
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Ronny / December 21, 2012
No doubt that the present CJ has been very honest in her dealings, genuine, very decent, highly qualified but this Impeachment has come as a Blessing in Disguise for her as THIS GOLDEN LADY has now become more POPULAR than any other man or a woman in Sri Lanka. Maybe her enchanting innocent Sri Lankan smile has done a lot in this regard. She has all the good qualities to be a very honest leader which lacks in the present one.
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Safa / December 21, 2012
What is supreme, the Constitution or PSC that is the question before parliment. CA can hear an appeal against injustice to any citizen fo Sri Lanka and summon respondents. If respondents are memebers of parliment then can they disregard? in which case the trial will go ex parte and other wittnesses could be summoned as well.
In a sense the CA is higher than the SC as people can appeal against a sentence of SC at the CA. It is a place to rectify any injustice and a safeguard against the miscarraige of justice.
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skbanda / December 21, 2012
Romesh de silwa will put the Cj where he put Kothalawala.
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Not A Hater / December 23, 2012
My question is that who is going to educate the goviya’s? No matter how much we talk about a collapse of the GOSL. The people who make comments on this site(myself included) live abroad and as a concern citizen, my worry is that not about beautification of the country or bribery. It is that the law & order or the local villager won’t be given a proper education about situation. for an example the majority of news channels don’t educate them of whats happening. nor do the ones that do so are watched by the villagers.
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dicky Bird / December 25, 2012
Whose hand in the photograph that appear to touch CJ’s head ?
Is that of Rayappu’s or Duleep chikeras or Sarath fonsekas??
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