News
Order to be delivered on 30 Jan.
Alleged irregularities in recruitment of State Counsel:
The order in respect of a writ petition filed in the Court of Appeal alleging irregularities in the recruitment process for State Counsel is scheduled to be made by Justice M.T. Mohammed Laffar on 30 January, 2025.
Petitioner is Attorney-at-Law M.A.A.M. Behshad, one of the affected who alleged that some of those who had been selected through interview process were replaced by certain persons with influential connections.
According to the petition, out of 800 applicants, 600 were short-listed and the rest rejected. Having selected 46 candidates, initially, the number of vacancies was subsequently increased by 38, raising the total to 78.
Among the 53 respondents were the Attorney General, the Chairman of the Public Service Commission, the former Attorney General, and the Solicitor General.
The case that had been filed on 26 Sept., 2024, and was first listed for support on 03 Oct., 2024, before Justice M.T. Mohammed Laffar and Justice P. Kumararatnam. However, Justice Kumararatnam declined to hear the case on personal grounds.
Consequently, the matter was set to be heard by a single bench. Petitioner Behshad appeared in person, while M. Gunatileke, A.S.G., appeared with M. Jayasinghe, D.S.G., and A. Jayakody, S.C., on behalf of the State.
The Additional Solicitor General has sought permission to file limited objections regarding the issuance of the notices. Limited objections were to be filed on or before 10 Oct., 2024, at the registry, with a copy provided to the petitioner. Counter-objections were to be filed on or before 16 Oct., 2024, at the registry, with a copy provided to the State. The matter was scheduled for support on 05 Nov., 2024, for notice.
On 5th November, 2024, the petitioner appeared in person. M. Gunatilleke, P.C./A.S.G. with M. Jayasinghe, D.S.G. and A. Sooryakumar Jayakody, S.C. for the 1st, 2nd, 4th to 16th and 18th to 53rd Respondents. Manohara de Silva. P.C. with H. Munasinghe for the 3rd Respondent (Sanjay Rajaratnam). The Additional Solicitor General appearing for the 1st, 2nd and 4th to 53rd respondents raised a preliminary legal objection as to the maintainability of the application stating that in view of Article 61(A) of the Constitution, the Court of Appeal has no jurisdiction to hear and determine this application.
Parties were permitted to file written submission pertaining to the forgoing preliminary legal objections. To be mentioned for written submission on 10/12/2024.
The AG’s Department had initially filed a limited objection stating that Public Service Commission couldn’t be made as respondents and again they had taken another day to file a written submission preliminary legal objection stating the same.
The court has been told that following the first interview the petitioner was placed 27 among the candidates whereas the second interview, which was chaired by the previous AG Sanjay Rajaratnam with incumbent AG Parinda Ranasinghe, Mrs.Ayesha Jinasena, Viraj Dayaratne and Mrs.Piyumanthi Peiris, pushed him down to 74th position. Petitioner questioned the basis on which he was rejected in spite of having the required qualifications and experience (SF)
The official appointment letters for the members of the newly established “Cricket Transformation Committee” (CTC) were handed over on Monday (04) by the Minister of Youth Affairs and Sports, Sunil Kumara Gamage.
The following members received their letters of appointment at the Ministry premises:
Sidath Wettimuny
Thushira Radella
Prakash Schaffter
Ms. Avanthi Colombage
The Ministry also noted that veteran cricketers Roshan Mahanama and Kumar Sangakkara, who are key members of the committee, are currently overseas. Their official appointments will be formalised immediately upon their arrival in Sri Lanka.
The Cricket Transformation Committee has been mandated to oversee the administration and drive structural reforms within Sri Lanka Cricket (SLC) in accordance with the powers vested in the Minister under the Sports Act No. 25 of 1973.
Three prison guards attached to the Welikada Prison have been arrested by Borella Police following the death of an inmate on Monday (04).
‘Bar Association must reveal its stand’
Civil society group ‘Free Lawyers’ has requested Chief Justice Preethi Padman Surasena to probe whether political pressure was brought on a Magistrate, or a High Court Judge, in respect of an ongoing high profile case.
Speaking to The Island on behalf of ‘Free Lawyers,’ Rajith Keerthi Tennakoon said that they felt the urgent need to seek the CJ’s intervention, following the May Day declaration by President Anura Kumara Dissanayake that the verdict of a case that was heard on 30 April would be given on 25 May. Tennakoon said that addressing the NPP’s main May Day rally at Maharagama, the President asked the people to be ready to celebrate that verdict. The President couldn’t have said so if he hadn’t been aware of the impending verdict, Tennakoon said, while emphasising the responsibility on the part of the Bar Association to state its position on the issue.
‘Free Lawyers’ recently captured pubic attention following its exposure of the theft of USD 2.5 mn from the Treasury.
Responding to a query, Tennakoon said that on behalf of ‘Free Lawyers,’ Maithri Gunaratne, PC, on Monday, 4 April, wrote to both CJ Surasena and President of the Bar Association Rajeev Amarasuriya.
Alleging that President Dissanayake’s declaration caused immense harm to the independence of the judiciary and raised controversy over the judgement that would be given on 25 May, ‘Free Lawyers’ organisation also asked the CJ to inquire into whether the entire judicial process was under political pressure.
Tennakoon said that they expect the Bar Association to reveal its position on President Dissanayake’s statement. Tennakoon pointed out that during the May Day address, President Dissanayake made reference to 15 cases that were to be taken up during this month, whereas Transport, Highways and Urban Development Minister, as well as Leader of the House Bimal Rathnayake, mentioned nearly 10 names of politicians, both sitting and former lawmakers, to be summoned beginning, May.
Tennakoon said that the NPP appeared to have used May Day to counter growing accusations over the Colombo port container controversy, coal scam, Rs 13.2 bn NDB fraud and theft of USD 2.5 mn from the Treasury and USD 625,000 from the Sri Lanka Postal Service.
By Shamindra Ferdinando
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