Legislature heading for a battle with judiciary?

• Minister Wijeyadasa says SC challenged the Speaker, Constitutional Council, Executive and the CJ himself  
• Minister Premajayantha says Speaker should summon a party leaders’ meeting and take action   
• MP Dayasiri says SC messed up both the Executive and the legislature 

 By Yohan Perera and Ajith Siriwardana   

Sri Lankan legislature seemed to be heading for a battle  with the Judiciary with both ruling party and opposition members  alleging that the said court had prevented Parliament and the Executive  from acting in line with the constitution while the party leaders slated  to take action against the move.   

The MPs said the Supreme Court had actually prevented the  constitutional council and the Executive from exercising its powers to  appoint judges to the same court,   
Speaker Mahinda Yapa Abeywardana who responded to the  remarks made by the MPs said party leaders should decide on the action  that has to be taken against Supreme Court. “We cannot decide on a  course of action instantly. Therefore, the party leaders should meet up  soon and decide on a course of action,” he said. He said party leaders  could decide on appointing a select committee to look into the matter.   Minister of Justice Wijeyadasa Rajapakshe said the Supreme  Court has actually suspended the exercise of appointing judges to the  said courts. “Supreme Court has actually issued a stay order against  appointing judges to the same court. “The Supreme Court will come to a  standstill without judges if the stay order continues,” he said. 

 “Supreme Court has actually challenged the Speaker,  Constitutional Council (CC), Executive and the Chief Justice himself. It  has actually suspended Chapter 7(A) of the constitution which provides  provisions for the CC and the Executive to appoint judges. Are we going  to allow this? What would become of justice which is a golden temple  built on pillars of legislature, executive and the judiciary in this  situation,” he questioned.   

Also, the Minister said there are lawyers who try to  control judges. “We have come across a number of lawyers who control  judges and the Judicial Service Commission has to take action against  them,” he stressed.   

Leader of the House Susil Premajayantha who also joined the  cross-talk said the Supreme Court though had suspended the function of CC.  “Who has to investigate into the matter? It is the legislature which  has to investigate this matter. It was Parliament which brought  impeachments against former Chief Justices Neville Samarakoon and  Shirani Bandaranayake,” he recalled.   

“If laws are compiled by the legislature which should exercise  judicial powers. What has happened is that Supreme Court had interfered  with the Executive, and legislature and made the judiciary a mess. The Speaker should summon a party leaders meeting and take action. We as the  legislature can take action on this matter. He said this would be  possible as per the ruling given by late Speaker Anura Bandaranaike who  declared that legislature is supreme than the judiciary,” he said.   

MP Dayasiri Jayasekera who raised a privilege issue with  regard to the matter called for the setting up of a select committee to  look into the matter. He said the Supreme Court have messed up both the  Executive and the legislature.“Situation with regard to judiciary is  such today that people have begun to question as to whom they should  retain in order to win a case. This is because there are lawyers who  ensure that they win cases when they are paid lavishly. We have to clean  up the judiciary,” the MP said.   

He said the privileges of all MPs have been violated by the Supreme Court by issuing a stay order.   

MP Wimal Weerawansa also questioned as to what action the legislature would take with regard to the matter.   

The complaints against the Supreme Court by the MPs came  less than 24 hours after President Ranil Wickremesinghe criticised the  determination given by the Supreme Court on the Gender Equality Bill.  “It seemed that the Supreme Court has engaged in judicial  cannibalism,” the President said on Tuesday.