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HC Judge appointment, threatens independence of the Judiciary: MR


19 February 2017 03:03 pm - 35     - {{hitsCtrl.values.hits}}


The Yahapalana Government authorities had been trying to reward the BAR Association, who played a major role in changing the Government in 2015, posed a threat to the independence of the Judiciary by irregularly appointing High Court Judges, former President Mahinda Rajapaksa said today.

Issuing a press release he stated that some office bearers of the Bar Association were trying to abuse their power to appoint judges, despite the damage that would do to the entire legal system.

Commenting on the recent appointed Mr. Ramanathan Kannan as a HC judge, he said the accepted practice in the country was all the judges serving on the Supreme Court, Court of Appeal and High Court were promoted to those positions through the ranks of the Judicial Service or to a lesser extent.

“This system of promotion based on seniority and merit is one of the pillars on which the independence of the Judiciary rests. On very rare occasions past Governments have appointed eminent members of the private Bar as Supreme Court Judges” Mr. Rajapaksa said.

He said that during the nine years of his tenure as the President, he had appointed only one Supreme Court Judge from the private Bar and no other members of the private Bar were appointed to either the Court of Appeal or the High Court.

Minister of Justice Wijeyadasa Rajapakshe had recently informed the Judicial Services Commission that a certain political party had on an earlier occasion requested of him that Mr. Kannan be appointed to the High Court – a request he had turned down.

“The appointment of a judge on a recommendation made by a political party would have shook the very foundations of judicial independence,” he said.

However, Judicial Services Association has pointed out that if the need was to appoint a Tamil speaking judge for the North and East, the District Judge of Vavuniya D.L.A. Manaf would have been the most qualified candidate. Nobody would have objected if a Tamil speaking candidate of suitable seniority and competence had been selected for this position from within the judicial service.

“The request has come only from certain individuals in the BASL. In any case, the Bar Association of Sri Lanka has no Constitutional, legal or moral right to make recommendations for the appointment of judges.  If the private bar is given the power to recommend the appointment of judges, that would corrupt the entire legal system with judges being dependent on the lawyers appearing before them for promotions and appointments.

“The reason why Mr. Kannan was made a High Court judge over the heads of many dozens of serving judicial officers and Senior State Counsel in the AG’s Department is also obviously to reward a certain political party that provided a block vote to get the President elected,” the former President said.

Mr. Rajapaksa also stated that the BAR Association is politicized in a way no other professional body in this country is - whether it be that of engineers, doctors, architects, planters, public administrators, or accountants.

“Being a lawyer myself, I wish to call upon the legal fraternity to take resolute action to end the politicisation of the Bar Association of Sri Lanka and most importantly, to get the President to reverse the decision to appoint Mr. Kannan to the High Court. It is essential to abide by the accepted practice in making judicial appointments so as to safeguard the independence of the judiciary,” he said. (Thilanka Kanakarathna)


  Comments - 35

  • DING DONG. Sunday, 19 February 2017 09:41 PM


    ravin Sunday, 19 February 2017 06:23 PM

    You have realised that history repeat.

    Mokan Sunday, 19 February 2017 06:27 PM

    Ha Ha Ha What a Joke. Pot calling kettle black.Did we have even an judiciary during your time.

    Shelly. Sunday, 19 February 2017 06:31 PM

    What commented on MR are true enough. But this appointment is controversial. CJ and Atr General had to be consulted in this . We need to get our minds cleared. via DM Android App

    Jans Sunday, 19 February 2017 06:47 PM

    MR Are you sleep talking. Please Refresh your memory And Recall what you have done in your period via DM Android App

    Kadiya Sunday, 19 February 2017 07:13 PM

    He not only appointed judges who did his bidding, he castigated and chased out those who said 'no' to him. Is this him for real???????

    Kesbeva Sunday, 19 February 2017 07:21 PM

    He will even comment if he die coming as ghost. So pathetic and greedy.

    Jagath Leanage Sunday, 19 February 2017 07:30 PM

    Ha, ha, haaaaaa. MR! are you talking about the in-dependency of JUDICIARY ? What a joke.

    Sofia Sunday, 19 February 2017 09:28 PM

    May be he has forgotten the Aga-Mula in his dotage. Hope he remembers at least the Meda-Mula - recent memory..

    Mohanan Sunday, 19 February 2017 05:43 PM

    Look who is talking about independence of the judiciary. Laughable stuff.

    Ganesh Sunday, 19 February 2017 09:56 PM

    You are not eligible to critize this appointment even though it was wrong because you who appointed Mohan peris as your subservient and Former Judge Sarath Silva declared in public he who exonerated you from fraud .That was the system when you were the President .How can you speak on this ?

    Sarath Sunday, 19 February 2017 10:38 PM

    CJ and AG approved. HE appointed. Perfectly legal appointment!

    Boonda Sunday, 19 February 2017 11:41 PM

    All your judiciary was run by Dr Mervin de Silva who delivered judgment with rope and trees.

    JOKER Monday, 20 February 2017 02:46 AM


    Namal Perera Monday, 20 February 2017 03:20 AM

    Look who is talking, the very Joker who turned Democratic Sri Lanka to a corrupt lawless Banana Republic with Jungle Law. Admit he is the most qualified person to talk about the issue. We all saw how he arrested General Fonseka, used his Kangaroo Courts to find him guilty, put him behind bars on false evidence and totally fabricated case and then celebrated Independence with the LTTE Terrorists. This Joker has no shame and probably believe all the Citizens are uneducated Buffalos to believe what ever he says.

    B S Perera Monday, 20 February 2017 05:44 AM

    This man's uttering should not be given publicity thro. media

    fayaz Monday, 20 February 2017 10:22 AM

    the independence the judiciary system had during your time we all know via DM Android App

    daya Monday, 20 February 2017 12:42 PM

    Ahaha, who is speaking?Appointment of Mohan Peris?Is it a memory loss?

    ahamed Sunday, 19 February 2017 04:44 PM

    ha when u were ruling what how you appoint cj mohan peries.unqualified person to punish sarath fonseka etc. U are the worse leader in the world who went against the supreme court ruling. can u remember what you did in the past via DM Android App

    Dammika Sunday, 19 February 2017 03:31 PM

    Ha ha ha ha ha ... what to say

    raj Sunday, 19 February 2017 03:31 PM

    Who is talking? The person who sacked Chief Justice Bandaranayake and appointed Mohan Peiris as chief justice

    lion Sunday, 19 February 2017 03:44 PM

    Hey look at this man looks he is born again.

    Justica USA... Sunday, 19 February 2017 03:53 PM

    was Mohan Peiris appointed on merits by u Mr MR ? yes the guy who was pleading with MS not to remove him how about Sarat Silva who helped u to get away regarding the Tsunami debacle pretty soon u will utter things u always wanted to hide. via DM Android App

    Duminda Sunday, 19 February 2017 04:36 PM

    Just born today, Well said MR. Sunday, 19 February 2017 04:37 PM

    But you were giving double promotion to those who delivered in your favour

    Chris Sunday, 19 February 2017 04:40 PM

    We still remember how a CJ was sacked overnight and a lackey was appointed who promised the current president to give any judgement as he wished. Hoo Hoo

    Dan Sunday, 19 February 2017 04:45 PM

    Oh! yeh. Remember how you run the country and the judges.

    ceylon Sunday, 19 February 2017 03:24 PM

    my god this man now suffering from alzirma memory at all about his 11 years of abusing justice. via DM Android App

    vithura Sunday, 19 February 2017 05:00 PM

    See who is talking, someone who got the judges to do his bidding when he was in power has now attained nirvana!

    ahamed Sunday, 19 February 2017 05:06 PM

    ?No Comments sir.

    Dr.Watson Sunday, 19 February 2017 05:13 PM

    Our beloved "Born Again " former President! Yes, we forget soon, but not so soon.

    De Silva Sunday, 19 February 2017 05:15 PM

    Ha ha!! Majority of his appointments to the judiciary are from out side all his henchmen even the Chief Justice.Now talking as a clean man

    Ajith Sunday, 19 February 2017 05:29 PM

    Any political appointees specifically to a critical area such ad judiciary should be condemned and invested. However who is commenting here? Based on what happened during his tenure, don't know what right MR has to point the finger at anyone. Things may not be perfect and still a long way to go. Still it's definitely better now.

    Madlin Sunday, 19 February 2017 05:29 PM

    MR has no moral right to utter a word on this as he did worst things during his term via DM Android App

    judge Sunday, 19 February 2017 05:40 PM

    poor fellow losing his memory via DM Android App

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