Failure to appoint judges to Superior Courts challenged in SC by a President’s Counsel

by Lakmal Sooriyagoda

A President’s Counsel with over 55 years of active practice as an Attorney-at-Law yesterday filed a Fundamental Rights application in the Supreme Court challenging the failure of the President to make judicial appointments to the Superior Courts, resulting in two vacancies in the Supreme Court and five vacancies in the Court of Appeal for several months.

President’s Counsel Senaka Walgampaya filed this application seeking an order directing the respondents including the Attorney General, the representative of the President and the Constitutional Council to forthwith ensure the appointment of judges to fill the vacancies in the Court of Appeal in accordance with the Constitution.

The Petitioner stated that the failure of the respondents has resulted in a shortage of judges to dispense justice, severely undermining the judicial power of the People and impacting the People’s right to access justice and the equal protection of the law guaranteed under the Constitution.

The petitioner stated that to the best of his knowledge, there are five vacancies in the Court of Appeal. The Petitioner stated that cases are being postponed on a daily basis in the Court of Appeal due to the severe shortage of judges which has arisen due to the non-appointment of judges to the Court of Appeal to fill the vacancies.

The Petitioner further stated that this has caused considerable difficulty for both litigants and lawyers who are unable to effectively seek justice according to law, which is guaranteed to every person under the Constitution.

The Petitioner further stated that he is aware that the non-appointment of Judges to the Court of Appeal has also caused severe consternation amongst senior judges of the High Court who have rendered yeoman service as judicial officers over the years and who are amply qualified and experienced to be elevated to the Court of Appeal as a part of their career progression.

The Petitioner states that currently there are two vacancies in the Supreme Court. However, the Petitioner stated that he does not seek to impugn in any manner the failure by the President to appoint judges to the Supreme Court to fill the existing vacancies in a timely manner since Supreme Court has already issued an interim order preventing the President from making any appointments to the Supreme Court, except to the post of Chief Justice until the 4th of October 2024.

This application had been filed through Attorney-at-Law Amila Kumara and to be supported by Senior Counsel Suren Gnanaraj.