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The+judiciary+has+no+power+to+give+an+injunction+order+to+the+PSC%3B+Question+over+privileges+concerning+the+influences+on+Parliament
Thursday, 29 November 2012 - 13:12
The judiciary has no power to give an injunction order to the PSC; Question over privileges concerning the influences on Parliament
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The leader of the house Nimal Siripala De Silva stated that the parliamentary select committee regarding the impeachment appointed by the speaker should only adhere to orders issued by the speaker or the parliament.

He made this statement while raising a question regarding parliamentary privileges.

The speaker stated that there is no legal provision for an outside institution or the judiciary to make a recommendation or issue an order with regard to the PSC.

He also stated that the special responsibility of safeguarding the independence and the sovereignty of the parliament rests with the speaker and the members of the parliament.

A proposal to remove Shirani Bandaranayake from the post of Chief Justice was presented to parliament with the signatures of 117 members of parliament according to the constitution.

It was entered into the parliamentary agenda on the 6th of this month and a PSC consisting of 11 members of parliament was appointed by the speaker on the 14th and the PSC is scheduled to convene on the 4th of December.

Several parties had filed petitions in the Appeals Court and later the Appeals Court had forwarded these petitions to the Supreme Court for a decision.

Leader of the house Nimal Siripala De Silva presented the numbers of 7 such court actions in parliament today.

He also stated that in several of them the Speaker and the members of the PSC have been named as respondents and that he had received notices along with several other members of the PSC.

The speaker has been named the primary respondent in several of the court actions.

The leader of the house, in raising the question of parliamentary privileges stated that the speaker or the parliament or the members of the PSC are not bound by verdicts issued by such court actions.

Attention was diverted towards an order issued by former speaker Anura Bandaranayaka on the 20th of June 2001 which states that the Supreme Court does not have the authority to issue such an injunction.

It also states that the speaker is not lawfully bound by such an injunction and that there is no legal binding to enact such an order.

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