In escalating tussle between the parliament and judiciary in Sri Lanka, the country’s apex court on Thursday passed a ruling declaring the impeachment of the nation’s first woman chief justice unconstitutional.
The Supreme Court ruled that a parliamentary select committee (PSC), which probed the impeachment charges against Chief Justice Shirani Bandaranayake, has “no legal power or authority”.
“The Supreme Court determined that the PSC had no legal power or authority to make a finding of guilt or decision affecting rights of a judge since that is a power that has to be conferred by law and not standing orders of parliament,” a lawyer told reporters. The judgment was delivered in response to a complaint filed by Bandaranayake in the Appeal Court seeking a quash order on the PSC findings, which ruled her guilty.
The parliamentary committee on December 8 ruled that Bandaranayake was guilty of three of the 14 charges in the impeachment proceedings against her moved by the ruling UPFA coalition legislators. The three charges were financial impropriety based on non declaration of assets and conflict of interest in a case involving a failed investment company. The 54-year-old chief justice denied all charges. On December 6, she stormed out of the impeachment hearing in parliament, saying she would not be given a fair trial.
Your above report says that PSC ruled that CJ was guilty of three of the 14 charges. But what we read was that only five charges were looked into by PSC. What is the correct position?
DLPPerera
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