Jan 06, Colombo: Sri Lanka's main opposition United National Party (UNP) reiterated its stance that the impeachment against an existing Chief Justice is a parliamentary process specified by the Constitution and said the Appeal Court should have refrained from issuing notice to the legislative members.
In a statement released today, the opposition party said the Clause 107 of the Constitution allows the parliament to initiate impeachment motion against a Chief Justice and according to the Latimore House Declaration the process should be enacted in an independent and unbiased manner.
The UNP noted that the Supreme Court has not recognized standing order 78(a), under clause number 107 of the Constitution under which the Attorney General Has stated that the existing provisions within the constitution are sufficient to carry out such an investigation.
The release by the UNP also noted that according to clause 49 of the Judicial Act if a Supreme Court magistrate is found to be a respondent of a particular court case or a stakeholder, only the Supreme Court or its Magistrates are permitted by law to adjudicate such a matter.
The Appellate Court reading the Supreme Court interpretation of the Constitution ruled that the Parliamentary Select Committee that probed the Chief Justice is unlawful and issued a notice for the Speaker and the members of the PSC to appear before the Court.
However, the Speaker and the seven government members along with the two UNP members of the 11-member PSC refused to attend the Court.