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Appointments to the Supreme Court: Thoughts of the Bar Association
The Bar Association of Sri Lanka (BASL) has called for the implementation of transparent and merit-based criteria in appointing judges to the Supreme Court. In a letter addressed to President Anura Kumara Dissanayake, the BASL highlighted the need for appointments to adhere to seniority, eligibility, and competence.
The BASL emphasized the significance of these appointments, citing their lasting impact on the judiciary and the legal framework of the country. “Proper and valid criteria must be followed to ensure that these appointments are transparent and evident to all,” the letter stated.
The letter dated Jan 08 and signed by BASL President Anura B Meddegoda PC said: The appointment of judges to the apex courts is a matter of vital concern to the judiciary, members of the Bar and indeed to all citizens of the country. It is unnecessary to emphasize that it is the judges of the apex court who would determine the law that affects all citizens and who finally decide on the rights of the citizens. It is absolutely essential that proper and valid criteria are followed in making appointments to the apex courts and that it should be transparently evident for all to see.
It is the position of the BASL that appointments to to apex courts should be made on the basis of seniority, eligibility and merit.
The BASL points out that at present there are four vacancies in the Supreme Court and that in making these appointments, a lasting impact could be made on the judiciary and the legal system.
Therefore, it is the considered position of BASL that these appointments must be not merely according to the letter of the law, but also in keeping with the highest levels of transparency and accountability, which we as lawyers demand of all other appointments in this country.
In fact, at the last meeting of the Bar Council held on Saturday 21st December 2024, it was unanimously decided to convey to the President, guidelines formulated and unanimously ratified by the Bar Council in 2014 on appointments to the Apex Courts.
The said recommendations are as follows:
1. The criteria for the appointment of persons to Supreme Court should include-
a. The person to be appointed should have an impeccable record of integrity and be of unimpeachable character
b. The person to be appointed should be independent and be perceived to be independent.
c. The person to be appointed possesses the required competence and ability to function as a judge of the Supreme Court and should be manifestly clear of his/her services as a member of the judiciary, member of the official or unofficial Bar.
2. When making appointments to the Supreme Court, the President should consult His Lordship the Chief Justice, the Attorney General and the President of the BASL.
3. Appointments to the Supreme Court from the Court of Appeal be made in line with the seniority of the incumbent judges unless there is a manifest good reason for not following this practice.
4. Appointments to the Supreme Court from the Official Bar should ordinarily be made in line with the seniority of the office of Solicitor General or Senior Additional Solicitor General.
5. Appointments to the Supreme Court from the Unofficial Bar should be ordinarily from amongst Attorney’s-at-Law who have actively practised as counsel for minimum of 25 years.
It is in the best interest of the Supreme Court and the country that due consideration should be given to the fact that appointments to the Supreme Court be made by the judiciary, the official Bar and the unofficial Bar.
In the interest of furthering good governance, strengthening the rule of law and promoting the independence of the judiciary, I on behalf of the Bar, urge Your Excellency to give due consideration to these recommendations,” said the letter.
… reminds AKD led over 560 protests during Yahapalanaya
Former Yahapalana Minister and United Republican Front (URF) leader Patali Champika Ranawaka yesterday (19) alleged that the JVP, which carried out over 560 protests during the 2015-2019 period, was now bent on preventing the Opposition from exercising its democratic right to protest.
Recalling the declaration made by the JVP at the height of the violent protest campaign in July 2022 that it would set the Parliament ablaze, the former parliamentarian lashed out at the JVP-led administration for using the police excessively to curb political opposition. Ranawaka said this while addressing the media at the former President Ranil Wickremesinghe’s Flower Road Office .
Commenting on the protest campaign launched by the Maha Sangha, demanding presidential pardon for General Secretary of the Bodu Bala Sena (BBS) Ven. Galagotaatte Gnanasara, the ex-Colombo District lawmaker alleged that President Anura Kumara Dissanayake used a combination of police, investigative units and JVP cadres to break up the monks’ protest. The government went to the extent of compelling the JVP/NPP-run Colombo Municipal Council (CMC) to deprive the peaceful protesters of basic toilet facilities, he alleged.
The government’s actions proved that only those with prior approval from JVP Pelawatte headquarters could launch protests in Colombo, its suburbs or in the provinces. The police have become a political tool in the hands of the JVP, the ex-Minister said. (SF)
By SK Samaranayake
Six people were killed and seven others injured when a speeding bulker lorry carrying cement and concrete ploughed into several vehicles and a shop on the Kandy-Jaffna A9 road at Kurugoda, Akurana, yesterday (19).
Four of the victims, two women and two men, died on the spot in the accident which occurred around 10.30 am, according to Alawathugoda Police.
Police said the bulker, travelling at high speed from the Matale direction, collided with three three-wheelers, two motorcycles and two lorries before veering off the road and crashing into a commercial establishment.
Five of the injured were rushed to the National Hospital of Kandy, where hospital sources said two remained in critical condition.
The bodies of the four victims were placed at the Akurana Hospital, where two others, who suffered minor injuries, were also receiving treatment.
The driver of the bulker was arrested by the Alawathugoda Police Traffic Division and is to be produced before court.
Investigations are being conducted under the supervision of Central Province Senior DIG Lalith Pathinayake.
By Shamindra Ferdinando
owledging that there had been an administrative lapse on the part of the President’s Office in 2019 when Maithripala Sirisena granted presidential pardon to Ven. Gnanasara Thera, Convener of Janathawadi Joint Opposition Prof. G.L. Peiris yesterday (19) urged President Anura Kumara Dissanayake to rectify whatever those shortcomings and release the General Secretary of Bodu Bala Sena.
Addressing the media at the former President Ranil Wickrekmesinghe’s Flower Road Office, Prof. Peiris emphasized that it was not fair to hold Ven. Gnanasara accountable for lapse or technical fault of others at the Presidential Secretariat during President Sirisena’s tenure.
Prof. Peiris was flanked by UNP Chairman Wajira Abeywardena and United Republican Front (URF) leader Patali Champika Ranawaka.
The fresh appeal was made on behalf of Ven. Gnanasara in the wake of President Dissanayake and JVP heavyweight Anura Kumara Dissanayake ruling out fresh presidential pardon for the monk. Minister Lal Kantha declared that the government couldn’t under any circumstances meet the continuing monks’ protest demanding Ven. Gnanasara’s release. President Dissanayake dismissed repeated appeals for Ven. Gnanasara’s release when he addressed the NPP really in Badulla.
Sirisena granted presidential pardon in May 2019 even before he completed a year of his six-year term of rigorous imprisonment for contempt of court during proceedings of the media personality Prageeth Ekneligoda’s 2010 January disappearance in the Homagama Magistrate’s court.
At the onset of the regular weekly briefing, Prof. Peiris said that he would report to the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) today (20) morning as requested by the commission. “The CIABOC wanted to record my statement regarding a meeting I chaired at the ministry after the conclusion of the war in 2009 pertaining to an ongoing investigation.”
Commenting further on the imprisonment of Ven. Gnanasara, the former parliamentarian said that President Sirisena intervened following a spate of requests made on behalf of BBS General Secretary by the Mahanayakes, Anunayakes and other Maha Sangha.
The Supreme Court on 10 September, 2026 rescinded the presidential pardon granted in late May 2019.
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Ranawaka accuses govt. of using JVP cadres and police to suppress political opponents
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