SC fast-tracks hearing on judicial appointments petition

• Supreme Court three-judge-bench fixed the matter for argument on July 25

By Lakmal Sooriyagoda
The Supreme Court (SC) yesterday decided to expedite the hearing of the fundamental rights petition filed to challenge the Constitutional Council’s decision to reject the President’s recommendation to fill the vacancy in the Supreme Court with the incumbent President of the Court of Appeal, Nissanka Bandula Karunaratne.   

• Three intervenient petitioners including Dr. Mahim Mendis and Ven. Dambara Amila Thero filed these petitions to vary the interim order

Meanwhile, the SC allowed three intervening petitioners to intervene in this petition, seeking an order to rescind the interim order issued by the SC that prevents the President from submitting any other nominations to fill vacancies in the SC, except for the position of Chief Justice.  
Accordingly, Supreme Court three-judge-bench comprising Justices S. Thurairaja, A.H.M.D. Nawaz and Shiran Goonaratne fixed the matter for argument on July 25.  
Three intervenient petitioners including Dr. Mahim Mendis and Ven. Dambara Amila Thero filed these petitions to vary the interim order, without prejudicing the appointment of Justice Nissanka Bandula Karunaratne, President of the Court of Appeal, to the Supreme Court with due seniority.   
On April 30, 2024, the SC issued an interim order preventing the President from submitting any other nomination to fill the vacancies in the SC other than the vacancy in the position of Chief Justice.  
The SC made this order consequent to a Fundamental Rights petition filed by a lawyer. The petitioner Sarith Maheeputhra Pathirathne, an Attorney-at-Law by profession filed this petition seeking an order directing the Constitutional Council to approve the recommendation made by the President to appoint incumbent President of the Court of Appeal Nissanka Bandula Karunaratne as a Supreme 
Court judge.  
The Intervenient-Petitioners stated that, as a consequence of the issuance of the interim order, the checks and balances that ensure the smooth functioning of the three pillars of the State (the Legislature, the Executive, and the Judiciary) are affected in a manner that could be jeopardized.  
Faizer Mustapha PC, with Counsel Saheeda Barrie, Mehran Careem instructed by Sanjeewa Kaluarachchi appeared for the petitioner. Upul Jayasuriya PC with Senior Counsel Sandamal Rajapakse, Laknath Seneviratne and Sampth Wijewardena instructed by Sachintha Rodrigo appeared for Dr. Mahim Mendis. Dinal Phillips PC appeared for Dambara Amila Thero. Deputy Solicitor General Kanishka de Silva Balapatabendi appeared for the Attorney General. M.A. Sumanthiran PC and K. Kanag-Isvaran PC appeared for 
several respondents.