PSC members not bound to appear before Appeal Court – Deputy Speaker

by Manjula Fernando

Deputy Speaker Chandima Weerakkody said that the Parliamentary Select Committee (PSC) members are not bound to appear before the Appeal Court in response to the notice issued on them on Friday nor will there be any necessity for the Speaker to communicate this information to the Court.

“Under Section 9 of the Parliamentary Privileges Act (PPA), proceedings of Parliament or its committees cannot be influenced or obstructed by any third party,” he told the Sunday Observer adding that the law pertaining to this is clear.

“The law relating to this is absolutely clear and universally accepted in countries where there is parliamentary democracy. Sri Lanka is the oldest democracy in Asia, we have protected democratic rights since 1931, uninterruptedly,” he said speaking in a telephone interview from Galle. The Appeal Court issued notice on Speaker, Chamal Rajapaksa and members of the PSC to appear before Court on January 3 in respect of the writ application filed by Chief Justice Shirani Bandaranayake, against the findings of the PSC.

Section nine of the PPA says ‘All privileges, immunities and powers of Parliament shall be part of the general and public law of Sri Lanka, and it shall not be necessary to plead the same, but the same shall in all Courts in Sri Lanka be judicially noticed.’

Adding that Parliament has to uphold and protect people’s franchise and inalienable rights of people under any circumstance the Deputy Speaker, said there will not be any necessity as per section nine of the PPA to react to the Court of Appeal order.

He also cited the landmark decision given by former Speaker Anura Bandaranaike in which the Supremacy of the Legislature was underscored and subsequently accepted by the then CJ Sarath Nanda Silva leading to set a precedent.

Two weeks ago in respect of summons issued by the Supreme Court on the Speaker and PSC members a ruling was also given on the same lines by Speaker Chamal Rajapaksa and he said that this ruling will apply to the Court of Appeal as well.