CC crisis: Judiciary not yet formally responsive to Speaker
Posted on December 2nd, 2023
By KELUM BANDARA Courtesy The Daily Mirror
Colombo (Daily Mirror) – The judiciary is yet to respond formally to the request by Speaker Mahinda Yapa Abeywardana as the head of the Constitution Council to submit the details related to the performance of judges nominated to be picked for key positions.
Earlier, the Speaker wrote to Chief Justice Jayantha Jayasuriya requesting him to submit such details such as the performance of the Judge concerned in terms of the number of Judgments delivered and pending delivery for the last few years, the number of Judgments overruled by the Supreme Court and any observations by the Superior Court in respect of same and the conduct of the Judge concerned, and any notable contribution for the development of the legal jurisprudence.
The Constitutional Council considers its mandate to grant approval for the appointment of judges of the Superior Courts under Article 41C of the Constitution as a matter of great responsibility and is of the view that it needs necessary information to carry out its duty in an effective and efficient manner. The Constitutional Council, having taken into cognizance that Article 41C (4) provides for the seeking of views of the appointment of Judges of the Supreme Court, and the President and Judges of the Court of Appeal, decided to ask from you whether it would be possible to provide information in relation to the following aspects of the Judges nominated, when your views are requested by the Constitutional Council,” he wrote.
He made the request when President Ranil Wickremesinghe recommended the appointment of Court of Appeal President Justice Nissanka Bandula Karunaratne to the Supreme Court and Justice Sobitha Rajakaruna as the President of the Court of Appeal. However, an informed source said the Speaker’s letter has not yet been responded to.
Asked about the next course of action, the source said the CC had nothing to do against it.