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)