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Verdict against Sri Lanka chief justice quashed
Published in The Saudi Gazette on 08 - 01 - 2013

COLOMBO — A Sri Lankan appeals court on Monday quashed a guilty verdict reached by lawmakers against the country's chief justice in a much-criticized impeachment hearing, a move that could intensify a months-long dispute between the island nation's Parliament and judiciary.
A parliamentary committee last month found Chief Justice Shirani Bandaranayake guilty of unexplained wealth and misuse of power and declared her unfit for office. Bandaranayake, who was found guilty of three of the 14 charges against her, denied all the allegations and challenged the committee's verdict, saying she had not been given a fair hearing.
The ruling by the three appeals court judges means the committee's hearing was unlawful and its verdict null, and deems any further action on the impeachment, including a debate and vote, illegal.
“The court granted the writ sought by the chief justice (against parliament),” a court official told reporters outside a packed courthouse. “This means parliament cannot legally proceed with the impeachment.”
He said the court declared that the Parliamentary Select Committee that probed the chief justice was illegal and that the legislature could not take any action against Bandaranayake on the basis of its flawed findings.
The ruling was widely expected after the Supreme Court four days ago ruled that the committee had no powers to find a judge guilty.
The appeals court's decision followed a Supreme Court ruling last week that said the parliamentary committee did not have the authority to investigate Bandaranayake. It also came ahead of a two-day debate in parliament on the committee's verdict that was scheduled to start Wednesday. The debate was to be followed by a vote on whether to impeach Bandaranayake.
The impeachment move was heavily criticized by lawyers, judges and opposition politicians who saw it as the culmination of a long dispute between the judiciary and Parliament, which is effectively controlled by President Mahinda Rajapaksa. The critics viewed the proceeding as an effort to undermine judicial independence and concentrate more powers with the president.
With Rajapaksa's ruling party controlling more than two-thirds of Parliament's 225 members, it was expected to easily win an impeachment vote. Rajapaksa would then be asked to decide whether to retain or dismiss the chief justice.
There was no immediate comment from the government. — AP


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