The Law 101 – Supreme Court upholds constitutionality in removal of CJ Torkornoo

What is called upon for determinationThe Court clarified that the core of its public interest jurisdiction requires it to determine systemic, structural compliance: The legal timing of natural justice: The Court was called upon to decide exactly when the right to a fair hearing kicks in during a removal process (e.

What is strictly NOT subject for determinationThe Court placed an iron curtain between proper constitutional adjudication and improper judicial overreach, noting that several matters are legally barred from its consideration: Factual inquiries and internal procedures: The Court was not called upon to audit the granular facts, evidence, or specific historical occurrences that took place behind the closed doors of the Committee of Inquiry.

Justice Srem-Sai, vehemently contested both writs: Timing of the hearing: The AG conceded that the Chief Justice is absolutely entitled to a fair hearing under natural justice, but argued the right is explicitly fixed by Article 146(8) at the Committee stage, not at the prima facie screening stage.