Shirani fights back the legal way

Wednesday, 6 March 2013 00:15 - - {{hitsCtrl.values.hits}}

43rd CJ says her sacking had no effect in law
Nine judge bench was supposed to be 10 judge bench
Impeachment related FR cases postponed till 11 June

By Dharisha Bastians

In a dramatic turn of events, Sri Lanka’s impeached Chief Justice Shirani Bandaranayake yesterday filed a legal motion asserting her position as legitimate Chief Justice, even as a spate of impeachment petitions were taken up before a historic divisional bench of the Supreme Court.

Appearing on behalf of Bandaranayake, her Attorneys Neelakandan and Neelakandan said that her removal from office had no effect in law, following a ruling by the Court of Appeal that declared the impeachment proceedings null and void.

Addressing the Supreme Court which served notice on Bandaranayake, who is cited as a respondent in a petition to overturn the Court of Appeal verdict on the impeachment, Attorney Kandiah Neelakandan said that his client consistently maintained that the judgment by the Court of Appeal was correct and therefore she cannot as Chief Justice, answer summons before the Supreme Court.

Counsel for Bandaranayake added that respondents had ignored the ruling of the Court of Appeal in the case. Five fundamental rights petitions pertaining to the impeachment of Bandaranayake and the appointment of her successor were listed before a nine judge bench of the Supreme Court at courtroom 502 last morning.

However upon sitting, Justice Shiranee Tilakawardane, who was presiding over the bench, informed court that the bench had not been properly constituted.

Justice Tilakawardane said that the bench appointed had originally been a 10 judge bench, but Justice S.I. Imam had retired since, leaving the bench improperly constituted. She said the matter would be referred back to the Chief Justice for a reappointment. The case has been postponed till 11 June. This was the first time since 1987 and the examination of the 13th Amendment, that such a large divisional bench has presided over cases in the Supreme Court.

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