By Colombo Telegraph –
SC (FR) 23/2013 was filed this morning by the Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu challenging the taking of steps purporting to fill the post of Chief Justice on the basis that in terms of a determination of the Supreme Court and a Judgment of the Appeal Court, there was no valid Parliamentary Select Committee finding against Dr. Shirani Bandaranayake on which she could be Constitutionally and legally removed. In terms of the Court rulings, she could only have been duly impeached by the passing of proper laws, rather than through Standing Order 78A of Parliament.
Therefore, the Petitioners request the Supreme Court to hold that any steps by the Parliamentary Council to express any opinion on the name of Mohan Pieris, PC and any steps by Pieris to accept any purported appointment, act as or exercise any functions of the office of Chief Justice involves violation of the Constitution, and the equal protection of the law guaranteed to the citizens of Sri Lanka under Article 12(1) of the Constitution. The Petitioners also urge the Court to grant a Stay Order preventing Pieris from accepting the position of, acting as or exercising the functions of the Chief Justice unless and until a valid vacancy is created for the position.