By Colombo Telegraph –
The Supreme Court yesterday 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.
The Supreme Court referred to the good relations that should exist between the two branches of the government and stated: ..this Court whilst reiterating that there has to be mutual respect and understanding founded upon the rule of law between Parliament and the Judiciary for the smooth functioning of both the institutions, wishes to recommend to the members of the Select Committee of Parliament that it is prudent to defer the inquiry to be held against the Hon. the Chief Justice until this Court makes its determination on the question of law referred to by the Court of Appeal. The desirability and paramount importance of acceding to the suggestions made by this Court would be based on mutual respect and trust and as something essential for the safe guarding of the rule of law and the interest of all persons concerned and ensuring that justice is not only done but is manifestly and undoubtedly seen to be done.
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