SC issues notice on impeached CJ

AG files plaint against CA judgement


by Chitra Weeraerathne

 The Supreme Court yesterday issued notice on former Chief Justice Dr. Shirani Bandaranayake and too other respondents.

The notice was pertaining to a special leave to appeal application, filed by the Attorney General, against a Judgment of the Court of Appeal dated February 28, 2013.

By that Judgment, the Court of Appeal, quashed the proceedings of the Parliamentary Select Committee,

which declared that Dr. Bandaranayake was guilty of misconduct and could be impeached from office by a Presidential order.

The Supreme Court yesterday granted special leave to appeal under Article 128/2, of the Constitution.

Attorney General Palitha Fernando PC, in his submission, requesting the Supreme Court to grant leave to appeal, said that the Supreme Court may grant leave to appeal in terms of Article 128/2 when the issue in question is one of public interest.

The Supreme Court granted special leave to appeal, coming within the clause on public interest, under the following question, whether the Court of Appeal erred in law in holding that the writ jurisdiction of the Court of Appeal, embodied in Article 140 extends to proceeding in Parliament, and to proceedings of any Parliamentary Committee, and also whether, the Court of Appeal did err in law in holding that the words "Any Court of first instance, tribunal or institution, stated in Article 140 of the Constitution extends to Parliament or a Parliamentary Select Committee.

The respondents were given time to file objections. Hearing was fixed for May 29.

The Attorney General appeared with Additional Solicitor General T. Ghanathasan PC, Deputy Solicitor Generals, Shavindra Fernando Sanjay Rajaratnam, M. Nawaz, Janak de Silva and Senior State Xounsel Nerin Pulle.

The Bench comprised, Justices Saleem Marsoof, Sathya Hettige and Eva Wanasundera.

The notice issued on respondents Dr. Shirani Bandaranayake, R. Sambandan of the TNA and Vijitha Herath of the JVP is returnable on May 29. 2013.

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