Accordingly, a three-judge Bench of the Court of Appeal issued notice to the respondents of the writ petition to appear before the court on January 3, 2013.
The Chief Justice has cited 13 respondents including the Speaker, both seven government and four opposition members of the 11-member PSC and the General Secretary of Parliament.
Dr. Bandaranayake in her petition requested a writ of certiorari to invalidate the findings of the PSC which found her guilty of three out of the five charges investigated.
The PSC found Dr. Bandaranayake guilty of the 1st, 4th and 5th charges in the impeachment motion while dismissing 2nd and 3rd charges for insufficient proof. All other charges in the motion have been disregarded.
The Chief Justice also sought an interim order preventing the seven ruling party members in the PSC from taking any further steps based on the report.
The petition has stated that the Chief Justice was not given sufficient time to prepare for her defence and was not given an opportunity to cross-examine the witnesses.
The three-judge Bench comprised Justice S. Sri Skandaraja, Justice M.A.Salam and Justice Anil Gunarante.
The Appeal Court also cautioned the respondents to refrain from acting in a derogatory manner with regard to the rights of the top judge and any act disregarding the ongoing case and moves to alter the status quo may lead to a chaotic situation in the country.
Sri Lanka's parliament Speaker Chamal Rajapaksa last month said the notices issued on him and on members of the PSC by the Supreme Court have no effect and are not recognized in any manner, adding that future notices from court will be treated similarly.
"No person, or institution outside Parliament has any authority whatsoever to issue any directive either to me as Speaker or to Members of the Committee appointed by me. This is a matter which falls exclusively within the purview of Parliament's authority," he said last month in response to a Supreme Court's notice summoning him and the 11 members of the PSC probing the charges against the Chief Justice Dr. Shirani Bandaranayake.
It is yet to be seen how the Speaker would respond to the Appellate Court order.
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