June 28, 2013, 9:06 pm


By Chitra Weerarathne

The preliminary objections raised by Parliamentarians R. Sampanthan and Vijitha Herath were overruled by a five-judge bench of the Supreme Court yesterday.

The bench granted Special Leave to Appeal to the Attorney General against Parliamentarians R. Sampanthan and Vijitha Herath cited as respondents in the Special Leave to Appeal filed by the AG against a judgement of the Court of Appeal, which quashed the findings of the Parliamentary Select Committee against the impeached Chief Justice Dr. Shirani Bandaranayake.

The AG was earlier granted Special Leave to Appeal, against the respondent former impeached Chief Justice and a few other respondents.Sampanthan and Herath had included as preliminary objections their claim that they had not been sufficiently notified about the filing of the appeal by the Attorney General and also their claim that the Attorney General was amicus curiae in the Court of Appeal and hence the AG had no right of appeal to the Supreme Court.

The special leave to appeal granted against the former Chief Justice Dr. Bandaranayake and also the special leave to appeal against all the other respondents will be called on July 16, 2013.

The Attorney General Palitha Fernando, PC appeared with Additional Solicitor General T. Ghanathasan, PC, Deputy Solicitor General Shamindra Fernando, Deputy Solicitor General, Sanjay Rajaratnam, Deputy Solicitor General A. H. M. D. Nawaz and Senior State Counsel Nevin Pulle.

The Attorney General Palitha Fernando, PC in his submissions for special leave to appeal, told the Supreme Court that the issue was a matter of immense public interest and he should be granted leave to appeal.

M. A. Sumanthiran appeared with Viran Corea for respondent Sampanthan. J. C. Weliamuna appeared for respondent Vijitha Herath.

The Supreme Court Bench comprised Justice Saleem Marsoof, Justice P. A. Ratnayake, Justice Sathya Hettige, Justice Eva Wanasundera and Justice Rohini Marasinghe.

The judgment was by Justice Marsoof with the other Justices agreeing.

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