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

By Lakmal Sooriyagoda

The  Attorney General yesterday informed the Supreme Court 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 Supreme Court. He submitted to  court that the Speaker and the Constitutional Council would not act any  further on a letter dated November 14 sent by the speaker to the Chief  Justice.

Taking into consideration facts, President’s Counsel   Faiszer Musthapha appearing for the petitioner informed court that his  client would 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 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.