The Bar Association of Sri Lanka (BASL), in a letter to the Constitutional Council has observed that bypassing the nomination of the Chief Justice and non consideration the career judges for the existing vacancy in the Court of Appeal should not be encouraged.
In its letter, the BASL notes that the existing vacancy in the Court of Appeal has not been filled for the last two and half months.
The BASL further states that the recommendations made by Chief Justice, who is the head of the Judiciary, and the Attorney General, should be considered in making such appointments.
‘Disregarding such recommendations would be detrimental to the rule of law and administration of justice,’ the BASL states.
In the history of appointments, the professional career Judges were appointed on seniority, and appointments from the Attorney General’s Department was also made to maintain this blend and the Judges who were nominated through the Attorney General’s Department as being important and highly significant, the BASL further added.
The BASL has sought an opportunity to make representations with the Constitutional Council in this regard.
The BASL in its letter to the Chairman and members of the Constitutional Council states that one nomination to the vacant post is someone who has been attached to the Presidential Secretariat over a period of time.
The BASL points out that the concerned individual nominee has no judicial experience to be appointed as a Judge of the Court of Appeal.
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