SC can now decide on correct impeachment procedure: AHRC

Thursday, 22 November 2012 00:48 - - {{hitsCtrl.values.hits}}

The Asian Human Rights Commission said in a statement that the Supreme Court now has the opportunity to make clear the correct procedure for the impeachment procedure of the Chief Justice.

“Now that several petitions against the impeachment are before the Supreme Court, the court has the opportunity to correct the wrong procedure that has been followed earlier by the Parliamentary Select Committee, in drafting and adopting the Standing Orders as it stands now,” AHRC said.

“It is the Supreme Court that should have created the disciplinary process for judges. The Executive or Legislature should not have usurped the function of the judicial branch, which is an independent branch. The Standing Orders relating to impeachment of judges should only have been adopted on the advice and the approval of the Supreme Court,” it added.

“Had the court been earlier consulted, it would have given advice on the basis of law as to how to draft the Standing Orders in a way that will not violate the status and the dignity of judges of Sri Lanka.

The court can now take notice of the injustice that has been caused to the Judiciary in adopting the Standing Orders as they are now and use this occasion to undo the historic injustice. Bar and bench should now use this occasion to let the nation know that they will defend legality against illegality at all cost,” AHRC statement said.