Feb 06, Colombo: The Supreme Court of Sri Lanka today directed a fundamental rights petition filed against the Chief Justice Mohan Peiris to a full judge panel comprising five judges.
A three judge panel comprising justices Shiranee Tilakawardane, Priyasath Dep and S.I. Imam today took the decision to refer the petition filed by the Director of Sri Lanka's Center for Policy Alternatives (CPA) Paikyasothi Saravanamuttu to a five-judge bench.
The Director of the CPA has filed the petition against the appointment of the new Chief Justice Mohan Peiris seeking an injunction preventing Mohan Peiris covering the duties of the post of Chief Justice.
The petitioner cited that the impeached Chief Justice Dr. Shirani Bandaranayake has right to remain in the position since the Supreme Court has ruled the impeachment procedure was unconstitutional and also since the Appellate Court has issued a writ against the parliamentary select committee that impeached Dr. Bandaranayake .
The attorney representing the petitioner argued that since Chief Justice Mohan Peiris had been cited as a respondent of the case, a panel of judges with no direct affiliation should be appointed to preside over the case.
Deputy Solicitor General appearing on behalf of the Attorney General has noted that only the Chief Justice is vested with the power of appointing a panel of judges in this regard.
The Court postponed the hearing to March 05.