The Bar Association of Sri Lanka decided to write to President Maithripala Sirisena urging him to expedite the swearing-in of the judges who have been promoted to the Supreme Court from the Court of Appeal.
The BASL today discussed the chaotic situation prevailing in the country’s apex court due to this unprecedented situation.
The BASL resolved, as raised by Upul Jayasuriya PC, to urge President Maithripala Sirisena that the Justice has suffered during the last several weeks when two judges of the Court of Appeal were approved by the Constitutional Council to be appointed to the Supreme Court.
One more judge’s name has been approved to be appointed to the court of appeal whilst one more vacancy still exists in the Court of Appeal. One other judge, the BASL said, is not sitting to hear cases.
“Last week the 7 judges of the Supreme Court quite rightly were engrossed in a nationally important matter. The Chief Justice was unable to constitute another bench as there were only two more judges left. It is necessary to have three judges to hear matters in the Supreme Court. All the matters in the ordinary course of business had to be postponed,” an informed BASL source said, explaining the rationale behind the BASL’s involvement.
“Justice has suffered without these judges whose names have been approved by the Constitutional Council not been sworn in by the President. Furthermore the judges whose names have been recommended from the Court of Appeal can’t take up cases for argument as once they are promoted they can’t deliver judgment,” it also added.