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Legislature heading for a battle with Supreme Court?
By Yohan Perera and Ajith Siriwardana
Sri Lankan legislature seemed to be heading for a battle with the Supreme Court 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 Courts. “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 Courts 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.
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