Larger Bench

Aug 27, 2009 (LBO) – A case where Sri Lanka’s former Treasury Secretary is seeking permission to return to public service from which he was ousted by court, will be taken up before an expanded bench, lawyers said.

Gamini Amaratunga, a serving judge was a part of the bench that delivered the original judgement on 21 July, 2008 along with then Chief Justice Silva and and Justices Amaratunga and Balapatabendi.

Jayasundera’s undertaking to stay out of public office was given to a different bench as an ‘incidental order’ following a motion by Nanayakkara.

Several persons have petitioned Supreme court following Chief Justice Silva’s retirement seeking changes to various orders made during his tenure.

Jayasundera has also alleged bias, on an affidavit. His lawyer Faiz Mustapha requested to withdraw the affidavit but Nanayakkara had objected.

Attorney general Mohan Pieris had also attended the hearing as amicus curiae, or friend of the court. The case would be heard before a seven judge bench on September 24. In 2008 a three judge bench headed by former Chief Justice Sarath Silva faulted then Treasury secretary P B Jayasundara over a privatization deal.

M Sumandiran and Viran Corea, l