Standing orders protect the judge during proceedings of the PSC and if found guilty, then the proceedings would be published. Otherwise it will not be published (Standing Order 78A(8)). The purpose of this protection is to protect the judge against unfair allegations etc. However, the Standing Orders do not prohibit the waiver of that right by the judge himself/herself. Bandaranayaka CJ wants to waive that right today and requested that the proceedings be open to public.
Thereafter, one member of PSC pointed out that two of those 117 MPs who signed the motion want to attend the proceedings. Romesh de Silva PC (Lawyer for the Chief Justice) wants all 117 MPs and others also to be present and proceedings to be open. He says he wants at least the Bar Association of Sri Lanka and International Bar Association or any other responsible body to observe proceedings. Then the Chairman states that there is a secrecy that needs to be maintained. Mr. de Silva pointed out that a responsible observer will always observe secrecy – as same as a Legal Counsel.
Without consulting other Members, the Chairman disallowed this request of the Chief Justice.
The Government of Sri Lanka brought the impeachment motion with 117 MPs signing the impeachment (all from the government) against the Chief Justice and the inquiry is being conducted by a select committee of parliament consisting 7 MPs from Government and 4 MPs from Opposition.
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