President has no option but to sack CJ - Presidential Spokesman
January 12, 2013 10:53 am
According to the Constitution of the country, President Mahinda Rajapaksa has only one option before him now to act on the resolution passed by the Parliament on Friday on the removal of the Chief Justice Dr Shirani Bandaranayake, an official said.
Presidential spokesman Mohan Samaranayake stated that the President has no option but to act based on the resolution passed by Parliament.
The parliament on Friday passed an impeachment motion resolution against the Chief Justice with a two thirds majority. The motion to sack the country’s top judge was based on the findings of the Parliamentary Select Committee appointed by the Speaker of Parliament last month to probe the charges against her.
The resolution calling the President to remove the Chief Justice was passed with 155 votes in favour and 49 against it. The resolution needed only a simple majority of 113 votes out of the 225 member legislature.
“There is no option left for President to select in this process but to act according to laid down procedures in the country’s supreme law the constitution” Mr Samaranayake was quoted as saying by the Government Information Department.
When inquired regarding the reported expert committee said to be appointed by the President, he said there was no room for such a committee in the constitution. “What the President meant by saying it was that he would seek expert advice on the legality of the matter.”
“He has sought expert advice from eminent persons in the fields like legal, judiciary, mercantile, finance etc. They all have advised the President that the only option the President has is to act on the resolution that will see the removal of the CJ and appointing a new CJ within days. And there is no formal committee to be appointed by the President,” Mr. Samaranayake said.
Presidential spokesman Mohan Samaranayake stated that the President has no option but to act based on the resolution passed by Parliament.
The parliament on Friday passed an impeachment motion resolution against the Chief Justice with a two thirds majority. The motion to sack the country’s top judge was based on the findings of the Parliamentary Select Committee appointed by the Speaker of Parliament last month to probe the charges against her.
The resolution calling the President to remove the Chief Justice was passed with 155 votes in favour and 49 against it. The resolution needed only a simple majority of 113 votes out of the 225 member legislature.
“There is no option left for President to select in this process but to act according to laid down procedures in the country’s supreme law the constitution” Mr Samaranayake was quoted as saying by the Government Information Department.
When inquired regarding the reported expert committee said to be appointed by the President, he said there was no room for such a committee in the constitution. “What the President meant by saying it was that he would seek expert advice on the legality of the matter.”
“He has sought expert advice from eminent persons in the fields like legal, judiciary, mercantile, finance etc. They all have advised the President that the only option the President has is to act on the resolution that will see the removal of the CJ and appointing a new CJ within days. And there is no formal committee to be appointed by the President,” Mr. Samaranayake said.
