Appeal Court decision nullifying PSC decision on CJ 43 challengedView(s):
The Supreme Court on Thursday fixed for March 5 an appeal against the Court of Appeal decision that nullified the findings of the Parliamentary Select Committee (PSC) against Dr. Shirani Bandaranayake, Chief Justice 43. The Supreme Court Bench comprised Justices Shirani Thilakawardane, Chandra Ekanayake and Sathya Hettige.
President’s Counsel Nigel Hatch appearing for appellant Sumudu Hewage moved the court for a date to support the case as he was required to notify Dr. Bandaranayake and the respondents Speaker of Parliament Chamal Rajapaksa, the Chairman of the PSC Minister Anura Priyadharshana Yapa and the other members of the PSC.
As result Dr. Bandaranayake was absent and not represented by any lawyer to agree on the support date. Her lawyers say that the normal practice is to inform the respondents before a matter is taken up, but that this had not been done in this instance. The appellant Sumudu Hettige sought the Supreme Court to set aside the Appeal Court decision, arguing that the Appeal Court had no jurisdiction to interfere with Parliamentary proceedings.
The appellant also sought to set aside the Appeal Court decision which refused to entertain his intervenient petition seeking to dismiss the petition filed by Dr. Bandaranayake against the PSC.
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