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Uncertainty looms over Chief Justice 43’s case in Supreme Court
Attorney General’s appeal rejected in respect of two PSC opposition MPs
A five judge-Bench of the Supreme Court on Wednesday set aside the Special Leave to Appeal granted to the Attorney General (AG) to proceed with an appeal seeking to overturn the Appeal Court judgment which quashed the findings of the Parliamentary Select Committee (PSC) that inquired into the allegations against Chief Justice 43 Dr. Shirani Bandaranayake.
However, the Court set aside the order of granting Special Leave only in respect of the two respondent-respondents, namely Parliamentarians R. Sampanthan and Vijitha Herath. The Court noted that even if the Court refused to entertain the Appeal of the AG, in respect of the 11th and 12th respondent-respondents, the AG could still proceed with his Appeal as the order was not set-aside in respect of the Petitioner-respondent Chief Justice 43 Dr. Shirani Bandaranayake and other respondents.
However, Counsel M.A. Sumanthiran and J.C. Weliamuna appearing for the two Opposition PSC members R. Sampanthan and Vijitha Herath argued that the Appeal is not severable and if the court refused Special Leave to the AG on June 10, then the AG could not proceed with his Appeal.
“Any issue of the final hearing of an Appeal would only arise if Special Leave to Appeal is granted on the next date,” the counsel argued.
The Court setting aside the order dated April 4, noted that it was of the view that that order was in substantial compliance with the Supreme Court Rules. However, the Court noted, in the interest of justice, it would permit the 11th and 12th respondent-respondents an opportunity to participate when the case is freshly supported for the Special Leave on June 10, before a Bench comprising Justices Saleem Marsoof PC, Sathya Hettige PC and Eva Wanasundara PC.
The Attorney General Palitha Fernando with Additional Solicitor General A. Gnanathasan, Deputy Solicitors General, Shavindra Fernando, D. Nawaz and S. Rajaratnam, Senior State Counsel Nerin Pulle and State Counsel M. Jayasinghe appeared in support of the Appeal.
J. C. Weliamuna with Sunil Watagala, Senura Abeywardena and Mevan Bandara appeared for Vijitha Herath, MP. M. A. Sumanthiran while Viran Corea and Niran Anketell appeared for R. Sampanthan, MP. The Appeal will be supported for Special Leave on June 10.
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