No full bench for CPA case against new CJ appointment

Wednesday, 6 February 2013 00:30 - - {{hitsCtrl.values.hits}}

Justice Shiranee Tilakawardane, S.I. Imam and Priyasath Dep to hear support for the petition today

Ignoring the Centre for Policy Alternatives’ motion for the Supreme Court to sit as a Full Bench to hear the Fundamental Rights application against the appointment of the present Chief Justice, the case will be taken up today by a three-judge bench of the court.

The bench will be presided over by Justice Shiranee Tilakawardane and comprise Justices S.I. Imam and Priyasath Dep, PC.

Last week the CPA filed a motion seeking that all 11 members of the Supreme Court hear the Fundamental Rights petition, since the Chief Justice who traditionally nominates benches to hear each case before the court was the sixth respondent in the petition and should not therefore be part of the process to select judges to hear the case.

The petition seeks a declaration by the Supreme Court that Mohan Pieris cannot exercise or discharge functions of the office of Chief Justice since there is no legal vacancy for the position.