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Constitutional Council’s decision to reject President’s nomination challenged in SC

15 February 2024 05:07 am - 13     - {{hitsCtrl.values.hits}}


Colombo, FEb 15 (Daily Mirror) - A Fundamental Rights petition has been filed in the Supreme Court 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 petitioner Sarith Maheeputhra Pathirathne an Attorney-at-Law by profession filed a petition naming the members of the Constitutional Council including Prime Minister Dinesh Gunawardena, Speaker Mahinda Yapa Abeywardena, Opposition Leader Sajith Premadasa, Nimal Siripala de Silva, Sagara Kariyawasam and several others as the respondents.

The Petitioner stated that the Constitutional Council’s decision to reject the recommendation of the President to fill a vacancy in the Supreme Court with the senior most judge of the Court of Appeal who had also been endorsed by the Chief Justice is arbitrary and unreasonable.

The Petitioner stated that the Council had held a meeting on January 19 to consider several matters, including consideration of the recommendation to fill the vacancy in the Supreme Court and at the said meeting, the majority of the Council had voted against the president’s recommendation. Accordingly, in terms of Article 41 E (4) of the Constitution, the said recommendation was not approved by a majority decision of the Council. The Constitutional Council has rejected the recommendation made by the President citing that they cannot satisfy themselves on the suitability of Justice Karunaratne for appointment to the Supreme Court, taking into consideration an allegation levelled by the Attorney General bench fixing tactics by Pastor Jerome in his writ petition against his arrest.

The petitioner stated that in the instant case the majority of the Council has failed in its constitutional mandate and acted in an extraordinarily arbitrary and capricious manner.

The petitioner maintained that the conduct of the Council, to cast negative aspersions against the nominee, reject his nomination for higher judicial office and thwart his career progression, merely on the basis of oral submissions of the State Counsel and public allegations of ‘bench fixing’ on the part of a litigant, is wholly irrational.

This petition is to be supported by President’s Counsel Faiszer Musthapha.

  Comments - 13

  • Kandapala Thummodara Thursday, 15 February 2024 07:57 AM

    unelected refused president? Who is this man?

    SC judges nominated by a Referendum Thursday, 15 February 2024 10:39 AM


    Ram Thursday, 15 February 2024 09:04 AM

    If the CC decision can be reversed by SC, the CC appointed as per the Constitutional provisions become ineffective. What follows from there to be seen

    Mahila Thursday, 15 February 2024 11:29 AM

    ANY and EVERY action by the Constitutional Council (CC) should be Based on Facts, Verifiable by supporting Evidence to support their decision to make it appear as a Valid reason for their action!!! Both APPROVAL and/or REJCTION as the cases may be!!! Without such evidence, the outcome appears action, extraordinarily arbitrary, Baseless and Capricious!! Therefore, it should be annulled or Reversed in the least!!! This looks similar to Gota, Pardoning the criminals committed to Gallows, w/o Rhyme or Reason!!?? Deserves, same OUTCOME!?

    Karu Thursday, 15 February 2024 09:48 AM

    SC is inside the pocket of Ranil....Even if SC rules against decision of CC, at the end we all know that nothing gonna happen.

    Mahila Thursday, 15 February 2024 11:34 AM

    Well, NOW it LOOKS LIKE CC in the POCKET of PM, Speaker, Sagara K., Nimal Siripala, SP and AG!!??? What's the difference between that and the former!?

    Sivalingam Thursday, 15 February 2024 10:09 AM

    Blunder of Asia, small debacle, so corrupt, waste of paradise.

    Revamp Outdated Laws Thursday, 15 February 2024 10:37 AM

    A revamp

    Sandun Thursday, 15 February 2024 11:26 AM

    If CC cannot take decisions independently in democratic manner, what is the purpose of having CC? This must be rejected without leave to proceed.

    AWAITING RESULTS OF APPEAL Thursday, 15 February 2024 01:00 PM


    President’s Counsel SS Perera Thursday, 15 February 2024 01:22 PM

    Everyone knows how these type of cases are filed. Sarath Silva was the founder of these type of litigation.

    Gayantha Hemachandra Thursday, 15 February 2024 03:17 PM

    Guys…I bet you can’t name any other country where a lawyer brings a case asking the top court to appoint a certain individual with tarnished reputation as a brother judge in their court. Have you ever seen law suits filling in the Supreme Court seeking directions about appointing good men and women as judges? Have you ever seen lawyers seeking top court’s intervention to remove misfits in the judiciary? No wonder this country became bankrupt , lawless and godforsaken. Everyone does everything upside down while preaching and boasting about independence of the judiciary and timely disposal of fundamental rights cases . This is called “ Devil Quotes Holy Scripture “.

    Gonwala Sunil Thursday, 15 February 2024 06:48 PM

    Goon squad members in action

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