SC issues notice on impeached CJ in appeal against Writ quashing PSC report

Impeached Chief Justice Shirani Bandaranayake has been issued notice to appear before the Supreme Court on 5 March, when an appeal against a writ issued by the Court of Appeal in her favour, quashing the PSC report that found her guilty on three counts is taken up again.

The case listed yesterday, originally before the new Chief Justice Mohan Pieris, but was taken up before a bench presided over by Justice Shiranee Tilakawardane and including Justices Chandra Ekanayake and S. Hettige in Courtroom 403 of the Supreme Court.

The petitioner’s appeal against the Court of Appeal ruling for Bandaranayake argues that the Court had no jurisdiction to issue a Writ against the Parliamentary Select Committee probing the impeachment charges against the impeached Chief Justice.

   The sacked Chief Justice is a respondent in the case and has been issued notice by the court to appear when the case is taken up again on 5 March. The case filed by the Centre for Policy Alternatives against the appointment of a new Chief Justice as there was no legal constitutional vacancy for the post will also be taken up on the same day.

In January, following a ruling by the Supreme Court that the impeachment procedure set up by Parliamentary Standing Order 78A was unlawful, the Court of Appeal issued a Writ Certiorari, quashing the findings of the PSC report and declaring the impeachment proceedings null and void before the law as its determination in a case filed by then Chief Justice Shirani Bandaranayake. (DB)