By Colombo Telegraph –
“The statement made by Minister Susil Premajayantha who served as a member of the PSC, that proving charges against the CJ is not a crucial factor at the probe as it was not a legal process, is amusing and goes to vindicate the stand taken up by the lawyers appearing for the CJ, the opposition members of the PSC, the Bar Association of Sri Lanka and those who stand for democracy, rule of law and independence of the judiciary, that the whole inquiry by the PSC was a sham. Standing order 78A(7) specifically states that a resolution to be presented to the President for removal of a judge shall be on the ground of proved misbehavior or incapacity. There should be a finding of guilt to proceed further and Article 107 of the Constitution is clear that a judge can be removed only for proved misbehavior or incapacity.” says the Lawyers for Democracy.
the Lawyers for Democracy today said; “From the Ministers’ statement it is clear that the PSC has not considered the most important aspect of the whole inquiry, that is, whether the charges were proved or not. It is obvious from this statement that the PSC has acted on its opinion and not on a determination of guilt. After this admission by a senior member of the PSC it is not possible to uphold that the inquiry was a judicial inquiry into the charges against the CJ.”
Lawyers for Democracy calls upon the Speaker to terminate these proceedings against the CJ even at this late stage.