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Friday, February 21, 2014 - 06.46 GMT
SC declares Appeal Court decision on former CJ impeachment null & void

 

The decision made by the Court of Appeal that the Parliamentary Select Committee, which was appointed to look into the charges against the former Chief Justice Dr. Shirani Bandaranayake is unlawful was made null and void by a five-member bench by the Supreme Court today (21).

This followed a petition considered before a five-judge bench of the Supreme Court comprising of Justices Saleem Marzook, Chandra Ekanayake, Sathya Heittige, Eva Wansundara and Rohini Marasinghe.

“The Court of Appeal possessed no jurisdiction in terms of Article 140 of the Constitution to review a report of a Select Committee of Parliament, which was constituted in terms of Article 107(3) of the Constitution read with Order 87A(2) of the Standing Orders of Parliament, or to grant and issue an order in the nature of a writ of certiorari purporting to quash the report and findings of the Parliamentary Select Committee on the basis that it was not properly constituted,” the Supreme Court stated.

The judgement of the Supreme Court further said, “It would allow the appeal and set aside the impugned judgment of the Court of Appeal dated 7th January 2013. The application filed by the Petitioner-Respondent in the Court of Appeal shall stand dismissed due to lack of jurisdiction”.

By its judgment dated 7th January 2013, the Court of Appeal held that since its power to exercise judicial review on findings or orders of persons “exercising authority to determine questions affecting the rights of subjects” is wide, and has been conferred by the Constitution of the Democratic Socialist Republic of Sri Lanka, it cannot be “abridged by the other arms of the government, namely the Legislature or the Executive.”

For a full report of the Supreme Court judgement please visit:

http://www.supremecourt.lk/images/documents/sc_appeal_67_2013.pdf









 

 
 
   
   
     
   
   

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Last modified: February 21, 2014.

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