AG’s Appeal On CJ Impeachment: SC Judges Urged To Uphold Judicial Independence As Non-Negotiable Foundational Basis Of Society, AG Says “You Can’t”

November 28, 2013 

The controversial appeal by the Attorney General from the Appeal Court ruling that the so called impeachment inquiry of the Parliamentary Select Committee against Chief Justice Dr. Shirani Bandaranayake was taken up today (28.11.2013) before a special bench of 5 judges nominated by de facto Chief Justice Mohan Pieris.

Chief Justice Shirani Bandaranayake

The judges (S. Marsoof, Chandra Ekanayake, Sathya Hettige, Eva Shanthi Wanasundera & Rohini Marasinghe) were urged by Attorney General Palitha Fernando, to hold that no court has any right to go into (even look at) what Parliament does. He said that if court goes into the matter and holds the impeachment invalid, it would seem like the judges are biased. AG did not mention that the Parliamentary Select Committee (PSC) was consisted of majority of MPs under the Rajapaksa regime (obvious high bias), who misbehaved and abused Dr. Bandaranayake causing all opposition members to walk out in disgust and protest.

At one point, Justice Rohini Marasinghe observed that it seems clear that surely if the process is clearly wrong under the constitution, it is not sensible to say that court can’t make at least a declaration that there is unconstitutionality. She asked the Attorney General to respond on that. AG replied that unfortunately, courts can’t. AG first came into the case in the Appeal Court only on a special request by the Appeal Court judges to just assist them with submissions on the law (a status called in legal jargon as “amicus curiae” – court’s friend). The AG controversially turned into an appellant after the judgement, attacking the Appeal Court judgement through this appeal. According to reliable sources (who requested not to be named), this was due to heavy pressure from the Rajapaksa regime. Normally it is not for an “amicus curiae” to appeal against judgement. Protests against this by the parties to the case were earlier rejected by the same 5 judge bench.Read More