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Monday, December 31, 2012
Select Committee decision ought to be subject to SC review : SL Govt. has given this undertaking to the UN
(Lanka-e-News -31.Dec.2012, 5.15AM) Attorney at Law Lakshman
Kiriella, UNP M.P. declared that since Sri Lanka has in writing in 2002 given an undertaking to the UN human rights commission that the Parliamentary select Committee decisions shall be subject to a judicial ruling , the Select Committee decision on the impeachment motion should be submitted to a supreme court (SC) judgment . He stated this when making a special announcement to Lanka e news.
This undertaking had been given by C R De Silva ,the Deputy Solicitor general and former Attorney General during the period 2002 when UNP Govt. was in power. The decisions of the Parliamentary select Committee or any other committee to remove judges of the courts should be subject to a SC judicial review . The SL Govt. had given this undertaking to the UN human rights Commission.
Kiriella therefore warned that the present Govt . cannot act in transgression of this undertaking, because this was given to the human rights Council which is a main official body of the UN Organization .
The SC decision making a determination on the impeachment motion should be secured next week , and the Govt. is bound to abide by the verdict of the SC on whether the recent Select committee impeachment process was constitutional or not. The power to determine constitutional issues is vested only with the SC . In the communiqué issued by the Speaker recently , this was clearly mentioned , Kiriella pointed out .
Kiriella further stated , at the first session itself of the select Committee he objected to the unjust hearing procedure where those who filed charges were themselves sitting in judgment on them. These indictments should be heard by three independent judges from outside , and towards this end , the judges of the Commonwealth can be enlisted , he added.
The notices issued at the moment by the court pertaining to this case are only to the Govt. representatives of the select Committee . But if notices are served on him and other representatives of the Opposition they would appear before the court , he observed. When a notice is received from the Court that the Parliament is supreme there is no Parliamentary privilege to preclude the member from attending court. It is the constitution that is supreme according to SL laws , Lawyer and senor politician Kiriella clarified.
(Lanka-e-News -31.Dec.2012, 5.15AM) Attorney at Law Lakshman Kiriella, UNP M.P. declared that since Sri Lanka has in writing in 2002 given an undertaking to the UN human rights commission that the Parliamentary select Committee decisions shall be subject to a judicial ruling , the Select Committee decision on the impeachment motion should be submitted to a supreme court (SC) judgment . He stated this when making a special announcement to Lanka e news.
This undertaking had been given by C R De Silva ,the Deputy Solicitor general and former Attorney General during the period 2002 when UNP Govt. was in power. The decisions of the Parliamentary select Committee or any other committee to remove judges of the courts should be subject to a SC judicial review . The SL Govt. had given this undertaking to the UN human rights Commission.
Kiriella therefore warned that the present Govt . cannot act in transgression of this undertaking, because this was given to the human rights Council which is a main official body of the UN Organization .
The SC decision making a determination on the impeachment motion should be secured next week , and the Govt. is bound to abide by the verdict of the SC on whether the recent Select committee impeachment process was constitutional or not. The power to determine constitutional issues is vested only with the SC . In the communiqué issued by the Speaker recently , this was clearly mentioned , Kiriella pointed out .
Kiriella further stated , at the first session itself of the select Committee he objected to the unjust hearing procedure where those who filed charges were themselves sitting in judgment on them. These indictments should be heard by three independent judges from outside , and towards this end , the judges of the Commonwealth can be enlisted , he added.
The notices issued at the moment by the court pertaining to this case are only to the Govt. representatives of the select Committee . But if notices are served on him and other representatives of the Opposition they would appear before the court , he observed. When a notice is received from the Court that the Parliament is supreme there is no Parliamentary privilege to preclude the member from attending court. It is the constitution that is supreme according to SL laws , Lawyer and senor politician Kiriella clarified.
