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Five judge Bench to decide whether PSC can try a judge
A special Bench of five Supreme Court judges allowed Sri Lanka Progressive Front leader Nelson Perera to intervene in three rights applications and seek to overturn the Supreme Court determination that held the Parliamentary Select Committee appointed to try a judge is illegal.The Bench comprised Justices Saleem Marsoof PC, Chandra Ekanayake, Sathya Hettige PC, Eva Wanasundera PC and Rohini Marasinghe.
Three rights petitions were filed in the public interest complaining to the Supreme Court to look into the alleged rights violations due to the appointment of the Parliamentary Select Committee (PSC) to try Chief Justice 43 Dr. Shirani Bandaranayake.Two trade unionists, an artist and the Bar Association of Sri Lanka (BASL) filed these petitions complaining the Parliamentary Standing Order 78 A was not a law but a rule governing the day-to-day affairs of Parliament. They argued, therefore the PSC appointed under Standing Orders could not look into the allegations.
The BASL which wanted to withdraw the case on the last occasion, was absent and not represented by any lawyers. Even though the BASL was absent and unrepresented, the court did not want the case to be dismissed. Progressive Front leader Nelson Perera also did not seek to intervene in this matter.The court allowed the intervenient petitioner, Nelson Perera to intervene in the rights petitions, despite the objections of the petitioners. Earlier on the last date the Court allowed an intervention by an attorney-at-law.
Counsel H.M. Zafrullah for Mr. Perera argued that when the law is wrongly interpreted by the Supreme Court reference could be reviewed by this Bench. Whether the court has the power to encroach on the domain of the legislature has to be decided. The counsel also said that when his client comes forward in the public interest he could not be shut out.
Counsel M.A. Sumanthiran appearing the petitioners argued that Mr. Perera has not clearly set out why he should be allowed to intervene.Mr. Perera wanted to remove judges who are corrupt and who are prone to corruption, as quickly as possible, Counsel Sumanthiran told Court. “He seems to know who the corrupt judges are. They must be removed as quickly as possible but does not have legal provisions to do that in this application,” Mr. Sumanthiran argued.
He was not trying to overrule the decision given in the Court of Appeal in favour of Chief Justice 43 Dr. Bandaranayake. The overruling does not affect the decision made in the Court of Appeal, counsel said.The petitioners were seeking a court declaration that the Standing Order 78 A under which the PSC was set up to try Dr. Bandaranayake has no power to do so.Counsel M.A. Sumanthiran, Viran Corea and Suren Fernando appeared for the petitioners. DSG Shaveendra Fernando appeared for the Attorney General.
The hearing was put off for September 25.
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