President seeks JSC recommendation to dismiss Kannan
Posted on March 13th, 2017
By C. A. Chandraprema Courtesy The Island
The Island exclusively reported last week that the Judicial Services Commission (JSC) had, in a letter to President Maithripala Sirisena dated 23 February 2017, disowned the recommendation it made earlier that Ramanathan Kannan be appointed a High Court Judge. In that letter, the JSC stated that if the BASL had made ‘no proper recommendation’ that Kannan be appointed a High Court judge, the recommendation that the JSC had sent earlier to the President had ‘no force or avail in law’.
This retraction by the JSC made Ramanathan Kannan’s appointment as High Court Judge unconstitutional as Article 111(2) (a) of the Constitution stipulates that judges of the High Court can be appointed by the president only on the recommendation of the Judicial Services Commission.
However, in their letter of 23 February 2017, the JSC has not expressly recommended that Kannan be removed from office.
The Secretary to the President, P. B. Abeykoon has written to the Secretary of the Judicial Services Commission on 8 March 2017 seeking recommendation for the removal of Mr Kannan in terms of Article 111(2) (b) of the Constitution, which provides for the dismissal of High Court judges by the President on the recommendations of the JSC.