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Asian Tribune is published by World Institute For Asian Studies|Powered by WIAS Vol. 12 No. 858

Party Leaders to meet today to decide on dates to take up impeachment motion against Chief Justice

By K.T.Rajasingham
Colombo, 07 January, (Asiantribune.com):

The Party Leaders meeting is to be held today morning with the Speaker of the Parliament Chamal Rajapaksa presiding to decide on holding parliamentary sessions on 10th and 11th of this month to take up the impeachment motion against the Shirani Bandaranaike, the Chief Justice.

According to Minister Dinesh Gunawardene, the Chief Government Whip, earlier it has been only fixed business for 8th and 9th and we need to request the Speaker that we need to take up the issue of the debate of the impeachment motion.

The Chief Government Whip said, “The debate is only for two days and that is what we are proposing.

He also told Asian Tribune that the Government Group will be also meeting by tomorrow evening.

He also said the statement on the Supreme Court decision is made by the Speaker and normally he will not make a statement outside the Parliament, but he will only make it in the Parliament when it meets on the 8th of this month.

Former Chief Justice Comment on the Supreme Court’s Determination

In the meantime, former Chief Justice Sarath N. Silva has pointed out the failure of the Supreme Court when making determination as it had not taken any notice of “by Standing Orders” in Article 107-3 of the Constitution which reads, “Parliament shall by law or by Standing Orders provide for all matters relating to an impeachment.

In an interview with ‘Ceylon Daily News’, the former Chief Justice said that enacting laws is vested solely in Parliament which enjoys the people’s legislative power. The people could, however, exercise such powers at a referendum. If we were to enact laws as such Standing Orders would have to be done away with, he said.

The Constitution has stipulated that it is “by laws or by Standing Orders” and as such it is for Parliament to decide whether to abolish Standing Orders, if it so desires, he said.

“Had due regard been paid to Section 107-3, orders could not have been issued likewise. The discretionary powers of enacting laws are vested in Parliament and the judiciary cannot intervene. The judiciary cannot exceed parliamentary authority.

According to Section 125 (1) of the 1978 Constitution, the Supreme Court has the jurisdiction only to interpret the Constitution. It is the exclusive right of Parliament to act according to its Standing Orders,” former Chief Justice Sarath N. Silva said.

NGO’s involved in internationalizing a Disciplinary Iquiry against the Chief Justice
In the meantime several NGO’s are doing overtime to internalize a disciplinary inquiry against the Chief Justice of Sri Lanka.

Chief Government Whip Dinesh Gunawardene said Sri Lanka’s Constitutional provisions provides for the parliament to take disciplinary actions against the Chief Justice by the Parliament in case a motion is signed and submitted by one third number of the parliamentarians.

He lambasted the cynical moves by the NGOs to tarnish the image of the country.

- Asian Tribune -

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