Appointing judges to Apex Courts: CC decides not to call report from CJ

8 December 2023 06:14 pm Views - 1430

Colombo (Daily Mirror) - The Attorney General informed the Supreme Court today that the Constitutional Council headed by Speaker Mahinda Yapa Abeywardana has decided not to proceed with its earlier decision, calling for a report from the Chief Justice seeking information about the performance of a judge nominated for promotion to the Supreme Court. 

Additional Solicitor General Nerin Pulle appearing for the Attorney General made these remarks when the Fundamental Rights petition filed by a lawyer seeking an order suspending the operation of a decision taken by the Constitutional Council was taken up before the Supreme Court.

He submitted to court that the Speaker and the Constitutional Council will not act any further on a letter dated November 14 sent by the speaker to the Chief Justice.

Taking these facts into consideration, President's Counsel  Faiszer Musthapha appearing for the petitioner informed court that his client will withdraw the application which originally challenged the Constitutional Council's decision.

Attorney-at-Law Sarith Pathirathne filed this petition naming members of the Constitutional Council including Prime Minister Dinesh Gunawardena, Speaker Mahinda Yapa Abeywardena, Opposition Leader Sajith Premadasa and several others as the respondents.

The petitioner alleged that the Constitutional Council had submitted a questionnaire to the Chief Justice, regarding certain judges of the Court of Appeal.  The petitioner maintained that a questionnaire directed at the Chief Justice by the Constitutional Council is, in fact unprecedented and constitutes a grave infringement on the process of due administration of justice which results in the violation of the petitioner’s Fundamental Rights and the Rights of the Citizens of the Republic.

President’s Counsel Faiszer Musthapha with Counsel Shaeeda Barrie, Pulasthi Rupasinha and Naveen Mahaarachchi appeared for the petitioner.