15 December, 2018

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Constitutional Council Approves President’s Nominee Nalin Perera: First Career Judge To Become CJ After Parinda Ranasinghe

The Constitutional Council today has unanimously accepted President Maithripala Sirisena’s nominee for the post of Chief Justice, Justice Nalin Perera.

Justice Nalin Perera

The Council’s decision was officially conveyed to President Sirisena, this afternoon, Colombo Telegraph learns.

Sirisena is likely to make the official announcement on Perera’s appointment later today. The new Chief Justice, according to the sources close to the President, is expected to take oaths tomorrow.

The only complication relating to Perera’s appointment was he was the sixth in seniority in the apex court’s 10-judge bench.

However, when the nomination was taken up before the Constitutional Council, none of the members raised objections over the appointment.

The other Supreme Court judges ahead of Perera in terms of seniority were appointed to the apex court by former President Mahinda Rajapaksa.

Perera is the first career judge to be appointed the Chief Justice in almost three decades.

The last career judge to become the Chief Justice, before Perera, was Parinda Ranasinghe who was elevated to the position of Chief Justice by former President Ranasinghe Premadasa in 1988. Ranasinghe served in office until 1991.

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Latest comments

  • 19
    1

    This seems a sensible nomination and an appointment.

    • 6
      2

      Indeed sensible. Hope that Justice may be rescued in Lanka.
      Now Prez. must sack Bondscam Ranil and his moronic hairdresser “Finance Minister” and Indrajith Cooomarawamy who is an IMF Economic Hit man.

      Sri Lanka’s economic policy is made to benefit US and Global 1 percent. RW, Mangala and Coomaraswarmy are all dancing to Washington’s tunes and Moron Mangy had even said that the rupee crashing because of Trump’s America First policy is good for Sri Lanka at the IMF-WB meetings in Bali.

      The rupee crashing actually means that the cost of living goes up and the poor have to pay for the greed and over-consumption of imported good of the corrupt politicians and their cronies.

      Sri Lanka’s economic policy is made to benefit US and Global 1 percent and beggar the rest. The neoliberal policy of devaluing rupee in the hope that it would boost exports when the export sector has crashed due to lack of planning, up-scaling and value addition is a joke.

      • 5
        3

        Yes, now President Sirisena MUST get rid of Hairdresser Mangala who is destroying the Lankan economy. He is an insult the intelligence of all Sri Lankans who are suffering due to crashing economy. Mangy’s latest gem was to praise Trump for crashing the rupee and so he actually said that

        ” The sharp decline of Sri Lanka’s currency is “not as catastrophic as people make it out to be,” Finance Minister Mangala Samaraweera said in an interview this week, as the country looks to transform itself into an export-powered economy.
        As the astonished Nikkei Reporter says: Sri Lanka’s is one of the worst performing currencies and has lost 15% of its value this year!

      • 0
        2

        Devaluing the Rupee is necessary because of the continuing budget deficits financed by bank borrowings which is tantamount to money creation. We must campaign for a balanced budget since otherwise or external deficits will keep on rising and our External Assets will keep on declining- a minimum Reserve foreign Assets is essential for our essential food import dependent economy.We will be driven to eat only manioc if we exhaust our Foreign Reserves. During the Second world War we had foreign Reserves which we could not utilize to import owing to enemy attacks on ships at sea and restricted shipping and had to eat rationed rice, flour and sugar.It will be the same if we exhaust our Foreign Reserves.

        • 1
          0

          Thanks for this clarification Mr Raja!

          But you are missing the big picture. Fake news is the way the Lankan rupee has been targeted for crash by Washington’s economic hit men so that US Govt.’s Overseas Private Investment Corporation (OPIC) which was on a shopping trip last week to South Asian for strategic assets, particularly in Sri Lanka, land and transport sector here we come.

    • 1
      0

      Dr Laksiri Fernando,
      with all respect to you and your articles being pulished on CT, but instantly what comes to my mind is how you guys worked on agendas in order to keep Rajaakshes above the law at that time. Prior to your leaving to Australia you were part of the body, that unanimously decided them to be awarded with doctorate for nothign actually, It was an achievement, but own folks destroyed their own citizens. Nothing to jubilize but to relieve. Anyways, since that time on, Rajakashes became so pompous charactor. He could do lot more in the line of getting reforms to the consitution done, but all of them buried down. The family Rajakshe took any step but not respecting then cabinet.
      Even if Wasidewa, Dew Gunasekara and other elderly professor stood in that vicious cabinet, they behaved themselves as if their mouth pieces were shut up for ever. Only voice we heard was from Rajitha and Wimal Ponnawanse. But ponnawanse, was still bound to the toilets of Rajakashes. All in all, you guys and local Artistes made Rajapakshe family untouchable.
      If a mad dog would not remain any lovable, Rajakashe continued his politics in an another estranged dimension. There he dared to pass that 18 Amendement so that the bugger et al could loot the state as no other in entire South asia would do.

  • 14
    0

    “The other Supreme Court judges ahead of Perera in terms of seniority were appointed to the apex court by former President Mahinda Rajapaksa.”

    The best person for the job is vitally important, forget seniority and preferences of the previous President.

    • 5
      0

      Hats off to Prez. Sira for making a good decision.

      Let us hope that new CJ would work tirelessly to restore justice, law and order in the country and thus ensure that the corrupt political and business elites of this country are held accountable – especially those politicians who use Hate Speech against minorities to distract people from their corruption.

      • 1
        2

        dodo

        CJ won’t have the time to do reforms and do administration.He is still expected to do the work of a judge,not just there to supervise the judges.Actually if you want him to do all that you have to take off judicial duties off him and ask him to overlook only.

    • 0
      0

      steve

      I agree,but how do you select the best person for the job in your opinion?

  • 10
    0

    This would be a great step.

    But the system will remain as it has been sofar. It is very difficult anyone to make a tangible change in this rotten society.

    Our Mentor -Late Rev Sobthitha thero predicted, if Good governance would not work fulfiling all the pledges the president made before being elected, he will become the worst (his example was – the rotty will even roasted out so that it cant be edible anymore) – just looking at the manner, Mr President moved forward was no ,means acceptable. He has failed to implrement any hard laws against the culprits. Culprits that people branded as HIGH criminals became the media attraction of the day today. This we never expected to happen, the lethargy and indifference of the elected, paved the way former criminals to mobilize and twist the hearts and minds of very same vulnerable portions in the the war punished nation.

  • 5
    0

    To us, the lay persons, looks like taking some steps, albeit tottering, in the right direction.
    Methinks ‘coalition’ works and must be given a chance!

  • 5
    0

    Now having decided, let him do his job. Don’t lambaste him using parliamentary privileges if judgments unfavorable are handed down. Further, if he has any short-comings including serious ones, don’t regret for it was your choice and not the traditional choice. If as a matter of policy appointments to the senior judiciary such as the Supreme Court and the Court of Appeal are made from the judiciary itself I have no objections. What is of public interest is the terrible delays law and the revamping of the court system so that it serves the public better instead of abuses. Divorce of a childless couple, which is quite straightforward takes five years and that was fortunately concluded because the new judge was not in favor of unwanted postponements. But the judge was flushed out for that. The nexus with an unconscionable money seeking bar and the colluding judiciary is through corruption (in modern parlance revenue sharing). Lawyers supress vital facts in support of their clients purely to drag the case. When the client submits official documents to court to establish the point the order of the bench is to submit them through an attorney. This is absurd when there are instances citizens who are not attorneys have argued their case successfully even in the Supreme Court. I don’t expect the new CJ to settle all this mess prevailing for years but I am reasonable to expect the Parliament to take action without any political bias on this as the constitution says that the judicial power of the people is exercised by parliament through a system of courts and tribunals.

    • 1
      0

      good sense.
      you have made valid points but all those bottlenecks you have mentioned has to be sorted out by thalatha with consultations with the CJ if necessary.After all what are we having a minister for anyway.CJ has to still work as a judge while thalatha has time.

      • 0
        0

        The “fair” minister in the name of justice is a toothless tiger in this matter. She and her ministry can be facilitators but the steering has to be done by a select committee of Parliament. In this country the bar is much stronger than the bench although bar bows and pays obeisance to the bench and that was the situation for years. Every one knows that if there is a bad case, the remedy is to flick the case-folder. It is common knowledge in the sector that the bar supplements the needs of the bench. Three hundred word limitation prevents me from listing all the problems. They have to be addressed by an authority who can deal with it.

  • 0
    8

    It is very unfair to appoint a junior over the head of six seniors. It is an insult to the seniors. Just because they were appointed during their time by MR or incidentally the most senior SCJ was a batchmate of MR at law college is NOT a disqualification to do the right thing. I do not know how those six seniors are going to swallow their pride and sit together. A decent junior would have declined to accept this unfair appointment.

    • 1
      0

      Dear Kumar Sriskanda,

      There are not many facts for us to go on, but I think that your complaints are quite unjustified. Seniority of what sort is the question:
      .
      https://www.newsfirst.lk/2018/10/12/sc-judge-nalin-perera-sworn-in-as-new-chief-justice-of-sri-lanka/
      .
      He’s been a judge throughout, starting at what are called “Primary Courts”. They say that on the video. I checked that out and found that there are only 6 or 7 of them in the country, below the level of Magistrate. I hope that somebody doesn’t next say that such a record means that he’s not been a practising lawyer, and is not an outstanding intellect. There is no end to the arguments that people come up with.
      .
      This clearly is a man who has had to swallow his own pride when he saw political appointees shooting ahead of him. He seems to have worked patiently and conscientiously since 1980. Of course, all this is conjecture on my part as well, but I think, more rational.
      .
      The one cause for anxiety is here:
      .
      http://www.lankabusinessonline.com/president-appoints-and-cc-approves-judge-nalin-perera-as-the-46th-chief-justice-of-sri-lanka/
      .
      He, too, has to retire soon.
      .
      Let us not expect one miracle to put everything right. We are in such a mess that it will need many more rational decisions to put this country right.

  • 2
    0

    All of them are the same. None will hear cases against the ‘political prisoners’ as there is no evidence to be led.
    None will find fault with the armed forces, and, they also do not want foreign judges – why? – justice is universal.
    This choosing of judges is a regular pantomime staged to dupe the masses.
    The supreme court refuses to hear cases with regard to the abuse of the vehicle permit system by MPs – why?
    Why is Mahendran not yet apprehended after the scam of the century? No judge has so far queried this.
    How many judges have queried deaths & torture of persons in custody?
    They are like the three monkeys – see no evil, hear no evil, speak no evil.
    It takes them years to hear a case, and litigants go broke funding lawyers.
    How many of them spoke up when Shirani Bandaranayake was ‘examined’ by a bunch of idiotic MPs?

    This “career judge” – what has he achieved so far?

  • 1
    1

    The whole system of governance is fully corrupted under head of State of President MS since 2015 January 8th.
    President make that ad hock appointment of THREE Chief Justices s within during few days since 2015 January 8th which that violated Republic Constitution by MS ; he is the first guy in that history of legal system accountability dysfunctional of disorder of Judiciary . …and legal system in island.!
    This is black mark of our legal order undermined current regime led by MS? RW & CBK result of that nation law and order has shifted into paralysis nation become lawless.

    The crux of issues remain unaddressed regime led three evils by that MS, RW and CBK many years to come into being!@
    MS was/is playing political vandalism and against very accepts norms rule of law by jepodising Republic Order and its constitutional guidance last 48 months.

    An Unaddressed all unjust and backdoor appointments in mismanaging Judiciary has crated new crisis in legal order has arise by UNP regime support by SLFP, TNA and JVP?
    This is ongoing alliance cohabitation governances led by his deputy of UNP Ranil Wicks and alliance partner of CBK of SLFP has lost all political credential norms of democracy has undermined legal order of an Island.

    This type of mode of ruling governances of that Judiciary order last 48 months….substantially reduced rule of LAW in every sphere of FAIR of Justice of that unavailable to citizens of Island and its RULE OF LAW in our land. There is no possibility that rule of law will be back our order current regime in power by hook or crook.
    The ongoing problems facing in Sri Lankan is unique one not that effects most of other democrtiac countries. Nation Legal sovereignty has been challenge by MS, RW and CBK was discarded long years exist of that politically democracy is that the tragedy of ours Republic.

  • 0
    2

    The ex-CJ of Parinda Ranasinghe was family relationship to Ranasinghe Premapala of President of Lanka at that time?
    Not because of his merits of that Judiciary, but because of family nepotism with President Premapala that work very well.

    Both of them are belongs surnames of ” Ranasinghe’s. ! # ______

    • 1
      0

      Caste and creed you would not reach anywhere. Today even in India, they are slowly realizing that should go out of day today life.

      Anyways, we are happy, the law college then mate of former LANKEN Mugabe did not become the successor CJ.
      All in all, Rajakashe will not come back, he would never be able to lead this country. The 5.8 millon supporters have now fallen down significantely as his aim is to return to power to block his high profile cases being filed against him.

    • 1
      0

      This is pure nonsense, Loku Bandara.
      .
      Please don’t talk rot of this sort unless you can substantiate this. Of course many of us, I’m sure, noticed the same name; one which is a pretty common name in Sri Lanka.
      .
      Parinda Ranasinghe was High Court Judge, Badulla, around 1979; he was very well spoken of. I didn’t want to put that sort of thing on earlier because “What are such observations worth?” We have to see how he sets about his work.

  • 1
    0

    Old Judges may go and New Judges may come- but the cases will go on for ever.

  • 1
    0

    Everyone hails this appointment and that is a good sign indicating trust and confidence of maintaining law and order in the country. In the midst of that, I would like to make a proposal to the Constitutional Council that make these high profile appointments. This “Authority” must introduce a system of summoning the candidates for an “Interview” and subject them to a “Discussion” that would elicit their “Standings” pertaining to the subject areas of “STATE FUNCTIONS” assigned. The appointing authority, i.e. The Constitutional Council must bearing in mind that these “High Profile” jobs are going to be named as “OFFICIALS OF THE STATE” and NOT the jobs belonging to a particular “Political Government”. We have so far FAILED to make this distinction, i.e. between the “STATE” and the “GOVERNMENT” resulting in confusion in mixing up “STATE FUNCTIONS” with those of “GOVERNMENT FUNCTIONS”.

  • 0
    0

    Hairdresser/dress designer/tailor Mangala is not suitable to the Finance Minister post. If he does not resign sack him

  • 0
    0

    Constitutional council take a decision within 24 hours of their appointment.

    Were they compelled to work in haste?.

    Did they have many choices?or one and only one! In that case just yes or no

    Is it a healthy for the rule of law and the selection of the best under the circumstances compromised.

    L;et us evolve a better system

  • 0
    0

    When will the new CJ SL reach 65?
    JO is quiet. Is it possible the his tenure will not be too long?

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