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SC puts off FR case against CJ 44 till July 25

2013 Jul 21

Petitioners object to Chief Justice nominating Bench

The five judge-special Bench of the Supreme Court on Tuesday put off for July 25, support for the fundamental rights violations petition filed against the appointment of Mohan Pieris as Chief Justice 44.

Counsel M.A. Sumanthiran appearing for the Centre for Policy Alternatives and its Executive Director Dr. Paikiyasothy Saravanamuttu declined to support the case before a Bench appointed by the sixth respondent Chief Justice Mohan Pieris, who has appointed the Bench.
The counsel told court that in terms of Article 119 of the Constitution all judges of the Supreme Court should sit together to determine this case, without the sixth respondent having a choice to nominate the Bench.

Deputy Solicitor General Shaveendra Fernando appearing for the Attorney General argued that in terms of Article 133 (2) of the Constitution only the Chief Justice could nominate a Bench and if the counsel is not supporting the case he should withdraw it.The case was put off for July 25.

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