The Supreme Court yesterday (November 22) decided to inform the
Parliamentary Select Committee (PSC) appointed to inquire into the
allegations made in the impeachment motion filed by a number of
Members of Parliament against the Chief Justice. The court is
inquiring into a reference made by the Court of Appeal acting in terms
of Article 125 of the Constitution referring to the following question
relating to the interpretation of the Constitution for the
determination of the Supreme Court:

"Is it mandatory under Article 107(3) of the Constitution for the
Parliament to provide for the Parliament to provide for matters
relating to the forum before which the allegations are to be proved,
the mode of proof, the burden of proof, the standard of proof etc., of
any alleged misbehaviour or incapacity in addition to the matters
relating to the investigation of the alleged misbehaviour or
incapacity?"

The court stated:

.....this Court whilst reiterating that there has to be mutual
respect and understanding founded upon the rule of law between
Parliament and the Judiciary for the smooth functioning of both the
institutions, wishes to recommend to the members of the Select
Committee of Parliament that it is prudent to defer the inquiry to be
held against the Hon. the Chief Justice until this Court makes its
determination on the question of law referred to by the Court of
Appeal. The desirability and paramount importance of acceding to the
suggestions made by this Court would be based on mutual respect and
trust and as something essential for the safe guarding of the rule of
law and the interest of all persons concerned and ensuring that
justice is not only done but is manifestly and undoubtedly seen to be
done.

The Supreme Court also directed the Court of Appeal to inform the
respondents that is, the 11 members of the PSC, to file written
submissions in terms of the Rule 64 (1)(b) of the Supreme Court rules.

The Registrar of the Supreme Court was directed to send copies of the
written submissions lodged under the aforesaid rule to the Hon.
Attorney General and the written submission of the Hon. The Attorney
General could be filed in terms of the aforesaid rules.

The Supreme Court further ordered the Registrar of the court to serve
certified copies of the order of the court to all respondent members
of the PSC together with the certified copies of petitions and
affidavits filed in the Court of Appeal and a copy of the order of
reference made by the Court of Appeal.

The Asian Human Rights Commission welcomes the orders made by the
Supreme Court and hopes that the honourable members of the PSC will
honour the request. The upholding of the rule of law will be enhanced
by the PSC cooperating with the Supreme Court on this important issue.

Commenting on this order Basil Fernando, the Director, Policy and
Programme Development, of the AHRC said that order of the Supreme
Court may be a small step for the court but it is a gigantic step in
the pursuit of the rule of law, democracy and the independence of the
judiciary in Sri Lanka.

Read this statement online
<http://www.humanrights.asia/news/ahrc-news/AHRC-STM-239-2012&#62;
# # #

About AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation that monitors human rights in Asia,
documents violations and advocates for justice and institutional
reform to ensure the protection and promotion of these rights. The
Hong Kong-based group was founded in 1984.

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