A petition to the Chief Justice, signed by several lawyers and President’s Counsel states that derogatory remarks made by Member of Parliament S.B.Dissanayake against the judiciary ‘should be dealt with’ as such remarks would undoubtedly challenge the independence, the character and the integrity of a judge which must be preserved at all costs. At a press conference held by parliamentarian Dissanayake on February 14, addressing the issue of appointments to the Supreme Court and Constitutional Council’s role in the process, was heard saying that the Constitutional Council in approving nominations to the Supreme Court was politically biased. This press conference was extensively covered by both print and electronic media.
“Today if one wishes to be appointed to the Supreme Court they must either go and meet the speaker at night at his residence or go to Temple Trees and meet the Prime Minister - this is discussed amongst lawyers. The independent commissions were appointed with so much of expectation but they seem to be not independent,” MP said.
However the petition to the CJ states that The Bar was well aware of the fact that none of the judges who were approved for appointment once recommended by the President, have not had ‘private meetings’ with any of the members of the Constitutional Council to ensure their appointment to the Apex Court.
The Petition, seen by the Sunday Observer states that such remarks would undoubtedly challenge the independence, character and the integrity of a judge and that it causes grave and irredeemable damage to the integrity of the institution and to those judges who have been approved by the Constitutional Council for appointment.
The petition states that in particular the appointment process to the Superior Courts, prior to the 19th Amendment to the Constitution, has been under severe criticism as the executive discretion was questionable and arbitrary since the repeal of the 17th Amendment to the Constitution by the 18th amendment.
“The re-introduction of the Constitutional Council under the 19 Amendment, is in keeping with the Latimer House Principles of the Commonwealth, ensuring the appointment of honorable judges with decorum, eminence and skill. It has also become an imperative requirement that the opinion of Your Lordship the Chief Justice be obtained by the Constitutional Council. The Constitutional Council process also provides for a national consensus on high-level appointments, including to the higher judiciary, so vital for a democracy,” the petition states.
Dissanayake previously convicted of contempt of court back in 2004 was given two years of rigorous imprisonment by a five judge bench consisting of Chief Justice Sarath N. Silva, Justice Dr. Shirani Bandaranayake, Justice T. B. Weerasuriya, Justice N. E. Dissanayake and Justice Raja Fernando. He had previously made derogatory remarks against the Supreme Court at a vap magul ceremony held in Habaraduwa where he referred to judgments of the Supreme Court as “Balu Theendu” (canine judgment).
“The Supreme Court of Sri Lanka has been subjected to many such attacks from time to time and the Bar has stood by the hallowed Temple of Justice to face such invasions and trespass with fortitude and resilience. It was the same Constitutional Council that approved the appointment of two Chief Justices including your Lordship and many other honorable judges of skill, integrity and eminence, which the nation and the bar can be proud of,” the petition reads.