SC to consider Full Bench for CPA case by 5th March

A three judge bench of the Supreme Court yesterday said the matter of whether the motion for a Full Bench of the court to hear a Fundamental Rights petition challenging the appointment of the new Chief Justice would be considered by 5 March, when the case is to be taken up again.

The fundamental rights petition filed by the Centre for Policy Alternatives (CPA) and its Executive Director, Dr. Paikiasothy Saravanamuttu challenges the new appointment of the Chief Justice since there was no legal vacancy for the position came up before a bench headed by Justice Shiranee Tilakawardane and comprising Justices S.I. Imam and Priyasath Dep. Chief Justice Mohan Pieris has been cited as the sixth respondent in the petition. In lieu of the extraordinary situation, on 28 January, the CPA filed a motion, requesting that a Full Bench of the Supreme Court – or all 11 judges – hear the petition since as a respondent to the petition, the new Chief Justice could not exercise his jurisdiction to nominate a bench.

Counsel for the Petitioner, Attorney at Law M.A. Sumanthiran noted that the Chief Justice had minuted the case record. The minute said that the case should be taken off the list of cases to be supported and only mentioned since it was being considered whether the case should be taken up with two other FR cases, that both pertain to the legality of Standing Order 78A that deals with the removal of judges.

Sumanthiran submitted that he was compelled to inform court with due respect that it was improper for the sixth respondent to purport to make such a direction since he should not play any role in choosing judges to hear his own case, in that he has a personal interest in the matter. The lawyer for the petitioner further submitted that this was the reason why a motion had been filed that all judges of the Supreme Court should hear the case.

Deputy Solicitor General, Shavindra Fernando, appearing on behalf of the Attorney General insisted the matter should be submitted to the ‘Chief Justice’. However, appearing for the third respondent, Opposition Leader Ranil Wickremesinghe, Ronald Perera, PC said he completely agreed with the submissions made by Attorney Sumanthiran. Having heard submissions, the court directed that the case will be mentioned again on 5 March, with the matter of the full bench as requested by the petitioner to be considered by then.