Speaker's landmark ruling hailed

Speaker Chamal Rajapaksa making another landmark ruling on the floor of the House on Thursday said that the Notices issued on him and members of the Parliamentary Select Committee (PSC) probing the charges mentioned in the Impeachment Motion against Chief Justice Shirani Bandaranayake are a nullity and entail no legal consequences. The Speaker once again upheld the supremacy of the Legislature and announced that the ruling given by him as the Speaker of Parliament would apply to any similar Notice, Order or determination in respect of proceedings of the PSC which would continue solely and exclusively under the authority of Parliament.

The Government and Opposition Parliamentarians who hailed the landmark ruling given by the Speaker requested him to officially inform his ruling to the Courts. They said the Speaker had through the ruling upheld the supremacy of Parliament.

The Speaker reiterated that the notices issued on him and the members of the PSC have no effect whatsoever and are not recognised in any manner. The Speaker made this special announcement in response to a privilege issue raised by the Leader of the House and Irrigation and Water Management Minister, Nimal Siripala de Silva who pointed out that there were no provisions in the Constitution or Standing Orders or any other law in the country to challenge the PSC appointed to probe charges against the Chief Justice.

Speaker Rajapaksa told the House that he found the detailed observations made on this issue by fifteen Members on both sides of the House as being extremely helpful. He said the range and depth of the views expressed during the debate facilitated in reaching his decision on the matters brought to his notice by the Leader of the House. He said the Speaker and Members of the Select Committee appointed by him had been cited as respondents in the proceedings in the notices issued by the Court of Appeal on the direction of the Supreme Court.

The Speaker had made it clear that no person or institution outside Parliament had the authority to issue any directive either to the Speaker or to Members of the PSC appointed by him. He was of the view that this is a matter which falls exclusively within the purview of the authority of Parliament.

The Speaker told the floor of the House, the law in this regard was exhaustively surveyed by his distinguished predecessor, the late Anura Bandaranaike in his historic ruling delivered in this august House on June 20, 2001. The Speaker conveyed to the House that Notices issued on him as Speaker of Parliament and on the Members of the PSC appointed by him have no effect whatever and are not recognised in any manner.

Once the Leader of the House, Minister Nimal Siripala de Silva raised a privilege matter, at least 15 members on both sides of the House expressed their detailed observations on the issue. Minister de Silva pointed out there are no legal provisions for outside institution or a court of law to issue recommendations on the functions of the PSC. The Speaker, Parliament or its committee members are not liable to decisions or determinations dispensed by these writ applications. Therefore, the Minister called upon the Speaker to take the landmark ruling given by the late Speaker Anura Bandaranaike as a precedence and to give an order to the notices which threatened the independence, sovereignty and dignity of Parliamentary democracy.

Chief Opposition Whip, John Amaratunga who aired his views on the matter said at present the country is watching how the Government is handling the issue with regard to the Chief Justice. The work of the PSC is to listen to the evidence and submit a report. It has no jurisdiction beyond that. Amaratunga who described this as a historical moment, said the Speaker has a historic role to play. National Languages and Social Integration Minister Vasudeva Nanayakkara stressed that the Court should not have given leave to proceed for these writ applications. He said the Court should do its business and Parliament should be allowed to carry out its business. Opposition Leader, Ranil Wickremesinghe was of the view that most Parliamentarians are talking on the floor of the House that there are three pillars of power. This is wrong. The people are sovereign under the Constitution. Whatever anyone says, this Constitution is the theory (niyaya) of JR Jayawardene not Montesquieu.

After the Speaker's landmark decision was given, Chief Opposition Whip, John Amaratunga who raised a point of order on the following day requested the Speaker to officially inform courts of the latter's landmark ruling on notices served on the members of the PSC appointed to probe charges mentioned in the Impeachment Motion against the Chief Justice. MP Amaratunga said that the Speaker did right by upholding the supremacy of Parliament by making that relevant announcement on Thursday. Opposition Leader, Ranil Wickremesinghe also emphasized the need to inform the Speaker's ruling to Courts with immediate effect.

The independence of The Judiciary once again turned into a central topic on the floor of the House during the debate on the vote of the Justice Ministry due to various remarks made by the Government and the Opposition ranks regarding the delicate interplay between the Judiciary and the Legislature. UNP MP, Dayasiri Jayasekera who joined the debate attempted to highlight certain charges framed in the Impeachment Motion against the Chief Justice were not accurate. UPFA Parliamentarian, Sajin de Vaas Gunawardena in his response to MP Jayasekera clearly explained to the House the grounds on which the move to impeach the Chief Justice was made.

Gunawardena was of the view that there is an international conspiracy launched to undermine the supremacy of Parliament and stressed the need to safeguard the supremacy of Parliament.

MP Vaas Gunawardena who also spoke during the debate on the External Affairs Ministry said after end of the war against terrorists, some foreign countries were pointing fingers at the Government on human rights violations. Therefore the external affairs in recent times has been focused in protecting the country's sovereignty. He noted how TNA MPs tour Europe and organise various seminars in collaboration with international mercenary Erik Solheim to bring Sri Lanka to disrepute. He pointed out that the country is progressing steadily after the eradication of 30-year-old terrorism. He accused the TNA of not talking about the significant development that has taken place in the North. He said the TNA should adopt a practical and pragmatic view in resolving the problems faced by the people.

Sittings of the House were suspended thrice on Friday following an uproar caused by UPFA MP A.H.M. Azwer who chaired the Committee Stage debate on the External Affairs Ministry attempted to name and to unseat two members from the Chamber. When UNP MP Ravi Karunanayake participating in the debate attempted to read out a Hansard report on the Divineguma Bill, the Chair ordered him to wind up his speech. UNP MP Ajith P Perera requested to give two more minutes to Karunanayake from the Opposition's time to continue his speech, the presiding member Azwer opposed it. As MP Karunanayake continued, opposition MPs including MP Perera shouted that the Opposition must be given the powers to decide how it used its time. MP Azwer ordered that MP Perera be unseated from the Chamber. As the uproar prevailed, the presiding MP suspended sittings for 10 minutes around 4.15 pm.

When the House resumed sittings which was presided over by Deputy Speaker Chandima Weerakkody, Opposition MPs interrupted the proceedings and shouted that the Chair could not unseat or remove an MP during a committee stage according to Standing Orders. As the uproar continued, the Deputy Speaker suspended sittings for ten minutes for the second time around at 4.37 pm. The House resumed sittings around 5.10 pm once again, the Deputy Speaker said MP Karunanayake could continue his speech after Senior Minister D.E.W. Gunasekara delivered his speech.

When Karunanayake rose to his feet, Government MPs began disturbing him. Economic Development Minister Basil Rajapaksa raising a Point of Order said the sittings should not deviate from tradition.