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Dr. Bandaranayake, two MPs summoned
View(s):Appeal Court quashing of PSC findings on CJ 43 to SC
By Wasantha Ramanayake
The Supreme Court issued notice on the 43rd Chief Justice Dr. Shirani Bandaranayake and Parliamentarians R. Sambanthan and Vijitha Herath to appear in Court in an appeal by the Attorney General challenging the judgment of the Court of Appeal that held against the findings and the proceedings of the Parliamentary Select Committee (PSC) which inquired on Tuesday into the allegations against Dr. Shirani Bandaranayake.The Bench comprised, Justices Saleem Marsoof PC, Sathya Hettige PC and Eva Wanasundera PC.
The Court of Appeal dated February 28, delivering the judgment in the case filed by 43 Chief Justice Dr. Bandaranayake, 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 argued although he is not a party he could challenge the judgment from the case in which he assisted the court on its invitation. He submitted that the issue in question is of public interest and the Supreme Court could grant leave to appeal in terms of Article 128 (2 )of the Constitution.
The AG pointed out that the Appeal Court or any other court could not issue orders to the Parliament or any of its committees.
Therefore, the AG sought the court to consider whether the Court of Appeal erred in law in holding that the writ jurisdiction of the Court of Appeal, could be extended to cover Parliamentary or any of Parliamentary Committee proceedings. Attorney General Palitha Fernando PC appeared with Additional Solicitor General A.Gnanathasan PC, Deputy Solicitors General Shavindra Fernando, Sanjay Rajaratnam, M. Nawaz and Janak de Silva. The notice will be returnable on May 29.
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