SC grants leave to proceed in three FR cases against legality of Parliamentary Standing Order

While the Chief Justice was appearing before the PSC, a three judge Supreme Court bench yesterday granted leave to proceed in three Fundamental Rights applications filed before it, by an artist, trade unionists and a lawyer, challenging the legality of Parliamentary Standing Order 78A under which an impeachment motion against the Chief Justice is being probed.

The applications have been filed on the basis of infringement and imminent infringement of the fundamental rights of the citizen. The petitions were taken up before a Supreme Court bench comprising Justices Gamini Amaratunga, J. Sripavan and Priyasath Dep.

When the petition came up Justice Amaratunga asked Deputy Solicitor General Shavindra Fernando to read out the letter from the Speaker, appointing the Parliamentary Select Committee to probe the impeachment. Once the Deputy Solicitor General did so, Justice Amaratunga then noted that the PSC had been appointed based on 78A of the standing orders of parliament. Justice Amaratunga then requested the Deputy Solicitor General to read Article 3 and 4 (c) of the constitution and then went on to note that under Article 3 and 4 (c) judicial power can only be exercised by a competent court.

Justice Amaratunge then asked Fernando to express his views on Standing Order 78A and whether it was a law. Mr. Fernando responded that it was not a law but that it p[pertained to the business of parliament and therefore could not be interfered with. However, Justice Amaratunga disagreed with this view and said that appointing the PSC to play a judicial role under the standing orders was not an act of the legislature. The Supreme Court granted the petitioners leave to proceed and scheduled the hearing on the case for 21 January 2013.