Who is delaying justice?

Colombo, May 15 (Daily Mirror) - Concerns have been raised within the legal fraternity over the continuous delay in appointing judges to the Superior Courts, with eight vacancies currently remaining unfilled in the Supreme Court and the Court of Appeal for several months.

The Daily Mirror learnt that the continuing vacancies have disrupted the due process of judicial appointments envisaged under the Constitution and have raised concerns regarding the smooth functioning of the country’s judicial system.

Adding to the concerns, a position in the Judicial Service Commission (JSC) has also remained vacant following the retirement of former Supreme Court Justice S. Thurairaja. Legal professionals have warned that the absence of a full-strength JSC could hamper the effective functioning of the institution responsible for overseeing the lower judiciary.

Senior members of the Bar, speaking to the Daily Mirror on condition of anonymity, expressed concern that the delay in making appointments to the apex courts, together with the failure to appoint a new member to the JSC, could adversely affect judicial independence, increase the backlog of cases and undermine the efficiency of the judiciary.

They urged President Anura Kumara Dissanayake and the Constitutional Council to take immediate steps to fill the vacancies in the Supreme Court and the Court of Appeal on the basis of seniority in accordance with constitutional provisions.

According to Article 107(1) of the Constitution, the Chief Justice, the President of the Court of Appeal and every other judge of the Supreme Court and the Court of Appeal are appointed by the President, subject to the approval of the Constitutional Council.