Two academics move SC to remove bar on President appointing judges

Two Intervenient-Petitions have been filed in the Supreme Court (SC) seeking an order to rescind the interim order issued by the Supreme Court preventing the President from submitting any other nomination to fill the vacancies in the SC other than the vacancy of the position of Chief Justice.  Dr. Mahim Mendis and Ven. Dambara Amila Thera 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 of 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.  

They further stated that the President, who holds a critically important Constitutional power and responsibility, is tasked with appointing judges to the highest judicial forum, the SC.  
Referring to the President’s speech in Parliament regarding the SC determination on the Gender Equality Bill, the Intervenient-Petitioners stated that such a statement would severely undermine the independence of the judiciary and bring the entire institution of the judiciary into severe disrepute.   

They further stated that the Minister of Justice, who controls the resources allocated to the judiciary, must ensure that the judiciary operates free from external pressures and influences.  
These petitions were filed through Attorney-at-law 

Sachintha Rodrigo.