JSC will continue to serve despite Judges' resignations

THE Judicial Service Commission (JSC) with two new members from the Supreme Court will continue to serve the country including the Northern and Eastern provinces despite the resignation of Justices Shirani Bandaranayake and T.B. Weerasuriya from the JSC.

This was stated by JSC Secretary, P.W.D.C. Jayatillake in a statement issued yesterday.

The statement was released on the directive of Chief Justice Sarath N. Silva who is the JSC Chairman.

A special meeting was also held at the JSC on February 2 presided over by the Chief Justice. The statement released by the JSC Secretary:

"The Chairman of the Judicial Service Commission being the Chief Justice has requested me to issue this statement in view of the publicity in certain newspapers on the resignation of two members of the Judicial Service Commission.

The JSC is not directly involved in the administration of justice in this country which is entrusted to Judicial Officers who function independently and who are assisted by a staff of scheduled public officers.

In terms of the Constitution, the Judicial Service Commission chaired by the Chief Justice is vested with the powers of appointment, transfer and disciplinary control of Judicial Officers and Scheduled Public Officers. The Chief Justice as the Head of the Judiciary supervises the administration of courts.

Hence, there should not be any public concern that the process of administration of justice would be impaired by the resignation of any member of the Judicial Service Commission.

The Judicial Service Commission comprising the Chief Justice, Justice T.B. Werasuriya and Justice Shirani Bandaranayake met on January 26, 2006 and finalised the appointment of 10 new Judicial Officers. The appointment letters have already been issued and they have assumed duties.

Previously, five new Presidents of Labour Tribunal were also appointed. All annual transfers of the Scheduled Public Officers as well as Judicial Officers have been decided upon to take effect from March 1, 2006 and April 1, 2006.

Vacancies in staff in court have been filled and there are no appointments to be given. All the foregoing decisions have been taken unanimously by the JSC.

The Chief Justice has specifically requested me to state that Justice Weerasuriya is due to retire in May this year and his retirement has already been accepted by the President and that Justice Bandaranayake appointed to the Supreme Court directly from the academic staff of the University without any experience in the unofficial Bar, the Attorney-General's Department or in the Judiciary has previously at different times resigned from the Judges Training Institute and the Council of Legal Education and has now resigned from the Judicial Service Commission.

The Chief Justice has requested me to state that vacancies in the Judicial Service Commission will be filled by the next two most senior Judges of the Supreme Court who have had over 30 years of experience at the Bar and in the Judiciary.

The public is assured that the Courts being the only organ of Government functional throughout the country including the Northern and Eastern provinces will continue to serve the needs of the public."