26 January, 2021

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Irregular Appointment Of High Court judge Threatens Independence Of The Judiciary

By Mahinda Rajapaksa

Mahinda Rajapaksa

The Judicial Services Association of Sri Lanka has strongly objected to the appointment of Mr Ramanathan Kannan a lawyer practicing at the private bar in Batticaloa, as a High Court Judge. The accepted practice in this country is that virtually all the judges serving on the Supreme Court, Court of Appeal and High Court are promoted to those positions through the ranks of the judicial service or to a lesser extent, the Attorney General’s Department. This system of promotion based on seniority and merit is one of the pillars on which the independence of the judiciary rests. On very rare occasions past governments have appointed eminent members of the private bar as Supreme Court judges. Former CJ Neville Samarakoon and Justice Mark Fernando came into the Supreme Court in that manner. In the nine years that I was President, I appointed only one Supreme Court judge from the private bar. No members of the private bar were appointed to either the Court of Appeal or the High Court by my government.

Minister of Justice Wijedasa Rajapakshe had informed the Judicial Services Association that a certain political party had on an earlier occasion requested of him that Mr Ramanathan Kannan be appointed to the High Court – a request he had turned down. The appointment of a judge on a recommendation made by a political party would have struck at the very foundations of judicial independence. Mr Kannan has been appointed to the High Court over the heads of dozens of senior members of the judiciary and officials of the Attorney General’s Department. The Judicial Services Association has pointed out that if the need was to appoint a Tamil speaking judge for the North and East, the District Judge of Vavuniya D.L.A.Manaf would have been the most qualified candidate. Nobody would have objected if a Tamil speaking candidate of suitable seniority and competence had been selected for this position from within the judicial service or the AG’s Department.

The Judicial Services Commission had told the Judicial Services Association that they recommended Mr Kannan’s appointment at a request made by the President following representations made to him by the Bar Association of Sri Lanka. The President also said at a public gathering that he had made this appointment on a request made by the BASL. However, the Secretary of the Bar Association of Sri Lanka has informed the Judicial Services Association that they had not made any such recommendation. Therefore this request has come only from certain individuals in the BASL. In any case, the Bar Association of Sri Lanka has no constitutional, legal or moral right to make recommendations for the appointment of judges.  If the private bar is given the power to recommend the appointment of judges, that would corrupt the entire legal system with judges being dependent on the lawyers appearing before them for promotions and appointments.

Some office bearers of the Bar Association played a major role in toppling my government in 2015 and the yahapalana authorities have been trying to reward them by giving them the power to appoint judges despite the damage that this will do to the entire legal system. The reason why Mr Kannan was made a High Court judge over the heads of many dozens of serving judicial officers and Senior State Counsel in the AG’s Department is also obviously to reward a certain political party that provided a block vote to get the President elected. The message that this sends out to the judiciary is that what counts is not one’s competence or probity as a judge but one’s political connections.

This is a government that started off by terrorising the entire judiciary by sacking the then Chief Justice with just a chit from the President’s Office with the connivance of certain office bearers of the BASL. The previous President of the Bar Association was given a plum political appointment by this government as a reward for his services. The constitution and the standing orders of parliament have a procedure to remove judges with charges being presented, hearings held, reports tabled in parliament and finally a vote taken in the supreme legislature. The actual power to remove judges of the superior courts rests with the legislature, not the executive. But in a demonstration of what this government was capable of, Chief Justice Mohan Pieris was simply chased out of office through executive fiat. Having started in that manner, it is not surprising that this government is now making judicial appointments on recommendations from their political allies.

Everyone in this country knows that the Bar Association is politicised in a way no other professional body in this country is – whether it be that of engineers, doctors, architects, planters, public administrators, or accountants. The press had reported of a group within the BASL which controlled among other things the foreign funding that the BASL received. From what now transpires, it is this political group within the BASL and not the BASL itself that had made this recommendation to appoint a person described as a political party nominee to the High Court. Being a lawyer myself, I wish to call upon the legal fraternity to take resolute action to end the politicisation of the Bar Association of Sri Lanka and most importantly, to get the President to reverse the decision to appoint Mr Ramanathan Kannan to the High Court as requested by the Judicial Services Association of Sri Lanka. It is essential to abide by the accepted practice in making judicial appointments so as to safeguard the independence of the judiciary.

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  • 35
    0

    O great saviour of the nation/ Deputy Bodhisattva,
    Is it time for the pot to sue the kettle for defamation of character?
    Should we laugh or cry?

    • 25
      0

      Fake tears for the Fake Judiciary headed by a corrupt Minister of Avant Guard!

      Wijedasa Rajapaksa, Gota the white van man’s buddy, is at the bottom of this Fake News report!

      • 23
        0

        Mahinda controlled all the judges including the chief justices during his time and everyone knows about it.

        Recent revelation about the final discussions with Chief Justice Mohan Peiris on TV is shocking where Mohan agrees to tow the line and urging him not to remove him as CJ. Hope the BASL will take action on this matter. However this is no different to what happened during MARA time.

        It is a gradual deterioration of society and cannot blame the legal profession only. Look at the status of the medical profession today and it is disgusting!!!

        We should not forget that Mark Fernando was deprived of being appointed as CJ during that time.

        • 11
          0

          Mahinda s sanity should have been changed drastically if he the person comes with Justice related issues today.
          Alone the president elected dared to say, on the 9th Jan 2015, if former president was elected, Mr My3 would have been burried 7 feet down to the earth.
          That and all other over unfair inhuman activities that were their broad day light activities are still in the mind set of over 6.2 million people of the this country.
          In a country where all the looters are given first hand approvals by former admistration, why should we even today listen ot this bugger.
          Rajapakshes are the most abusive men of this country.
          Today, it revealed that FCID too was bribed by Rajaakshes men blookcin gthe on going investigations. That is about their justice related nature.
          So grasse eating folks please wake up —
          My wish is .. all forces will converge to stand against Rajpakashes brutalities.

    • 22
      0

      old codger

      Did anyone look into final year student DM Thushara Jayaratne’s accusation that Sri Lanka Law College (SLLC) offering special privileges to Mahinda’s brat Namal and the best result ever achieved by any student?

      • 3
        0

        NV,
        No, no, that was the Low College, the same one that the Great Liberator attended.

    • 13
      0

      Just Mahinda Rajapakshe should be the person to talk about any appointments being made by the current govt.
      We are the same folks out of which punnaku eating 5.8 millions voted for you but some over 6.2 millions rejected you by every means.
      And the fact the manner you worked with former MOST ridiculous CJ -MOHAN Peris to have begged newly elected president letting him to make every verdict being second to the president s wishes was what we just got to know from Mr President My3. That revealed everything about the manner you worked with ridiculous Mohan Peris with any verdict or the like handling in your second term in office.

      Please Mahinda Rajapakshe ( fell all the prefixes I set before, since I have not the least respect to you by today), give us the nation a break. You have turned out to be the most devious man in this nation by today. My wish is on going investigations to leave most fairest verdicts and take your from our association. You deserve long term jails sessions basta

    • 10
      0

      See Mr OBAMA and his all stance on world politics was totally different, but today, he would not come up and address his views. It should be the nature of any civlized cutlures. Likewise, please former President, leave us all at least now. Yours have been the most abusive politics this country ever experienced.

      Alone SAITEM issue … explains lot more about your intelligence.

      Why not you guys made the PMC an affliated institute of US or UK – latter countries and their medical education are leading in the world even today.
      If you had brains the size of an advanced level passed student… you should have done int hat way. why to have handled it with notororious russian institutes ?

    • 11
      0

      Mahinda Rajapaksa

      RE: Irregular Appointment Of High Court judge Threatens Independence Of The Judiciary

      “Minister of Justice Wijedasa Rajapakshe had informed the Judicial Services Association that a certain political party had on an earlier occasion requested of him that Mr Ramanathan Kannan be appointed to the High Court – a request he had turned down. “

      Who is this Wijedasa Rajapakshe? He is a crook, just like you, and your cronies, and is called DEAL-DASA. He was the gp-between you and “President” Sirisena, buttered by the stolen billions of public funds by you and your cronies.

      Mahinda Rajapaksa, get a life, retire and fish in the vast Indian Ocean, before the Indians and the Chinese catch all the fish.

    • 9
      0

      Sarath De Silva must be sitting on Mahinda’s lap to give him the insulin on independence of the judiciary.

      More and more Mahinda opens his mouth I hate him more and more.

    • 3
      0

      Would anyone with a little brain seek advice from ALREADY convicted MURDER criminal Duminda SIlva about control crimes ? Never.

      The same should be valid with mass murderer multi crime doer Rajapakshe s advices.
      He should be the last man to talk about Justice and serving justice to the people in this country. People had been fooled for his political survival. No nothign was done in the line of serving justice to the people.
      We can interview former CJ Mohan Peris whose appointment was a direct one following the dismissal of Dr. SB by former mafia king.

  • 25
    0

    This racist bugger Mahinda Jarapassa impeached the former CJ and his minions abused her in filth and now he is concerned about the standing of the Judicial System in SL?!

    Why is this corrupt clown Mahinda Rajapaksa who with his family has committed massive crimes in Sri Lanka not behind bars?

    • 1
      18

      At least he did it by the book!

      • 2
        1

        Wimal dismissed Shiranee and Ranil, an educated lawyer and president of an elected party which had run the government, dismissed Mokan.

        The least is “Annaikku Paanai Saman”. (In the evaluation of an outstanding claim of not being returned to owner by borrower, a clay pot is as good as an elephant)

      • 2
        0

        Please check a tail must be in making in you… Srinath.. tell me if you dont find any anatomist, i can travell to you with one… i m not that far from yours.. just 1 hour flight distant ..

    • 1
      1

      Exactly

  • 15
    0

    Are you writing this crap to grab power Mahinda Jarpassa?! Your fake concern for the judiciary is a joke with the kind of people you appointed!

    MR: You used Racism and Hate Speech against minorities to hide your hideous corruption, while your family and cronies committed massive FINANCIAL AND ECONOMIC CRIMES against the people of Sri Lanka and stole billions of Chinese loans!

    Today the people of Sri Lanka are not so stupid and they know this OLD GAME of racism used by corrupt politicians. You have been EXPOSED: Your tactic and strategy of corrupt politicians – we all know this now, so you only embarrass yourself with this crap, Mr. Jarapassa.

    • 8
      0

      Kalupahana

      “Are you writing this crap to grab power Mahinda Jarapassa?”

      This bugger who calls himself a “lowyer” cannot understand the nature, effect and content of any document. His tuition master G.L. Pe is writes on his behalf!

  • 16
    0

    MARA, THE MURDERER and TSUNAMI HORA, get lost.

    We know that MOHAN RAJAPAKSHE was the chief Justice under your MURDEROUS REGIME when LAW OF THE MEDAMULANA JUNGLE was in place.

    I think you speak from your rear mouth.

  • 12
    0

    Just give up you moron! You or your family will never be able to take the looted money into the country even with your mates Wijedasa & Sarath N Silva’s help. You will die a ‘Pauper’. The door to hell is wide open for you, but this time it opens inwards only (not a saloon door). Metta!

  • 15
    0

    Really! This is where you draw the line?

    You had no problem in appointing a puppet as Cheap Justice.

    LOL

  • 10
    0

    I believe this piece was written by Dr.DJ with intention of bringing back MR & Bros to come back to power.

  • 9
    0

    ” .. It is essential to abide by the accepted practice in making judicial appointments so as to safeguard the independence of the judiciary .. ”

    I wonder if you stood by your principals as you have stated above when you were in power & I am not talking only about the judiciary. Maybe it’s was all ‘fake news’ (as Trump would say) about you that was reported during your time.

  • 9
    0

    What about impeachment of Shirani Bandaranaike ?

    • 8
      0

      This man Mahinda Rajaakshe s and his thoughts have been no consistent since over 6.2 millions among vote elibigles folks rejected him.
      Even the man to stand against today s fate of SAITEM, explains it.
      May be the man s both ends have been mixed by today to behave that way.
      Penisless bugger, GLP – embarracement to entire educated folks in the country should be the person to have written the current article.

      How come a president whose knowledge is below the lowest IQ bearing people of the country… that in general mix up millions with billions.. repeatedly.

      Just let him add his low levels analysies this way.. the gallery people will enjoy it not doubt.

  • 10
    0

    For f….s sake you should be the last person on this planet talking about appointments to the judiciary. During your regime rapists and criminals were appointed by you to the judiciary to do your bidding. The demented cuckoo land and perverted law professor who does your bidding has written this article under your name. At least be honest enough when you write articles to acknowledge that the article has been written for you by this turncoat GLP who still continues to do a good suck. Bloody hypocrite that you are and these articles only go to prove that you are not only a cheat but also a fraud and scumbag.

  • 7
    0

    Look who is talking:-)Who is this guy trying to fool? May be JO fools:-)

  • 3
    3

    This is casual advice to Lawyer Kannan seeking a job in Muslim-Sinhala Government. Ranil and New King are very uncertain characters, if not outright crooks, and they portrayed it in Tamil Central Bank Governor’s Bond scam case.

    Justice Sriskandarajah sacrificed his life trying straightening the dog tail of Muslims-Sinhala Government, where Murder accused Muslim politician was the Justice Minister.

    The suspicion on the death of Justice Sundaram Sriskandarajah was solidified reading BASL president Upul Jayasuriya’s article in CT. Tamil news were not openly discussing but hinting that the family was very reluctant to let any outsiders or media viewing these matters. That news suggested they were very scared even to see a shadow. To hide matters, probably every member of that family might have been privately terrorized, possibly, with phone calls. They refused have a public funeral for that famous man. His legacy was after facing all kind of Muslim-Sinhala governments’ suppression and revenging was one extremely few Tamil judges manages to rise up to his level and he was the man courageously involved in CJ SB’s case.

    Nothing sure to say on that as family complete backed off from anything causing a news blackout. “Sriskandarajah headed the Court of Appeal sitting which quashed the Parliamentary Select Committee’s findings in respect of the impeachment of Chief Justice Shirani Bandaranayake.[9] Sriskandarajah and a fellow Court of Appeal judge Anil Gooneratne subsequently received death threats That’s all the Wikipedia, the public document says. Shame for the entire legal personnel of Lankawe, including GL Peiris, he too a Legal PhD and who failed to oppose it, was 55% who had not completed General Education had dismissed a country’s CJ and took revenge on another Justice. Wimal was humiliating Shiranee and she refused to answer those in select committee. It was “Kaaddu Tharbar” time.
    ime.

  • 2
    0

    The issues of an appointing ,dismissed and promoting of any level of judges having accepts procedures to follows the time of judiciary system came into being in Ceylon/Sri lanka.

    The system of Judiciary was an introduce by during British colonial era that rule goes back to 1842 by Cameroon Judicial reforms.
    In fact MS was not born at time even his reading of British colonial rule was by his level of education has NOT gone beyond GCE (Or) Level.

    This political gap cannot filled by MS recent oration of political science of political Gossipers are his teachers of Ranil W… and CBK’s guidance of new compromised governances.
    President of SL that the politics are unknown to democracy and its public.

    The current political parties in power shifting one into another since last 67 years has been accepts judiciary general rules has been up-side down by after Gramasewak officer has been an elected President of SL in 2015 January 9th.

    By the time MS has been elected as President is more or less the tragedy of democracy of island which that overrule by advice of UNP Ranil W.. and CBK think-tank.
    The knowledge of judiciary system and its Bona fide that this compromised govern has violated whole norms of VALUES OF DEMOCRACY.

    The MS, CBK AND UNP-Ranil W.. did not realized the fact BANKRUPTCY PROCEEDING OF ONGOING JEPOARDISE OF THE JUDICIARY ORDER,THE RESULT OF THAT NATION WILL COME TO END OF LAWLESS COUNTRY.
    There is bargaining power in between law and lawless that.

    We are a Sri Lankan do not want lawless nation ,while undermined system of democratic of capitalism by irrational politics of lumpen leadership of that ignorant political classes in control the power of state of Republic of Democratic an Island.
    Indeed current leadership is liability to democracy of Sri lanka.

    We have to disclosed undemocratic methods that restriction period of failure of democracy by UNP alliance key leader RANIL w…CBK & MS since last 25 months

    We want change new strong democratic accountability to the citizens and nation parliament would reduce the anti-democratic influence of UNP LEADERSHIP OF MS,CBK,anil.www WOULD CONSIDER POLITICIZATION A BIG STEP BACK.

  • 4
    0

    Judge Kannan was appointed by the President having consulted the Judicial Service Commission and AG. It is a valid and constitutional appointment.
    The biggest joke is that MR, who interfered unconstitutionally with the judiciary (remember Shirani Bandaranayake and Mohan Pieris?) Now has the audacity to talk about judicial independence!
    Dishonest political opportunist! Retire and stop plaguing this country MR!

  • 4
    0

    lol is this guy being serious ?

  • 2
    0

    Mahinda Rajapakse’s journalists think people have forgotten. Mahinda Rajapakse changed Chief Judge that way.

    It had been a habit since JRJ. They were reuning, de4stroying and plundering the country. When they can not steal they complain.

  • 7
    0

    Joke of the day!! The thief-in-chief who ruined Sri Lankan judicial system beyond point of no return now trying to be a saint. Suggest you shut up Ali Baba. Had enough of your bullshit.

  • 0
    4

    I am afraid I have to agree with the arguments put forward in this essay.The recommendations of political parties should never be the criterion for appointment to the Judiciary!

    • 2
      0

      Plato, don’t rush headlong into judgement.A person who criticizes another must be above board.Now does Rajapksa have any moral right to sit in judgement on this issue after the way in which he pulverized the independence of the judiciary.Two examples would suffice,First he is is the only head of state to have brought the Attorney Genaral’s Department directly under the Presidential Secretariat,Second , please recall how this man brought in Mohan Pieris as CJ in the infamous impeachment saga.No wonder with people like Plato Sri Lanka is famous for having persons with extremely short memories.

  • 7
    0

    Kannan comes from an ordinary background, from a family of estate workers. He grew up in Matale and his father is a trade union leader. He studied the hard way and became a lawyer. Kannan was a State Counsel and his superiors in the Attorney-General’s Department remember him as a good officer. He later joined the unofficial Bar and practised in Batticaloa, also serving as the Secretary of the Batticaloa Bar Association.The story that he applied to join as a Magistrate earlier and failed is false.

    The TNA did not recommend him. It is the President of the Batticaloa Bar that brought Kannan to BASL President Alagaratnam’s notice and recommended Kannan.

    Any citizen has the right to write to the President and recommend that a particular person be recommended for any post, including the judiciary. No self-respecting lawyer will write to the President and offer himself for appointment.

    There have been appointments to the High Court earlier too. In 1974, private practitioners were appointed when the High Court was first set up. A.A. De Silva was appointed during Sirima Bandaranaike’s time. In 1978, President Jayawardena appointed a lawyer from Kegalle as High Court Judge. More recently, on the recommendation of Sarath Silva CJ, Mr. Paramarajah was appointed, again due to the dearth of Tamil-speaking judges.

    It is no secret that every Chief Justice scouts for talent and requests senior lawyers, specially from the outstations, to bring to his attention lawyers suitable for appointment.

    Also, if State Counsel cam be appointed to the High Court, why not private practitioners? Kannan has 19 years at the Bar and has no blemishes.

  • 0
    9

    UNP Police,, TNA Judges.

    What a combination to control the great majority..

    • 3
      0

      And BBS terrorists

    • 2
      0

      You forgot to mention BBS terrorists

  • 1
    4

    Still Mahinda is longing for old lowyers! What I’m saying is former regime did better deal than the present regime. Actually we need new blood to upheaval oll the regimes. Revolution!

  • 4
    0

    Dear sir,

    Only reason I can think of your intrusive appearance in the news, is just you want to make sure the people don’t forget you.

    To be honest, I remember you whenever I see the highways & clean roads as well as whenever I see an ethnically divided Sri Lanka, or I see the word “corruption”.

    In summary, results of your bad are much more heavier than your good to the nation, is what many people alike me would remember you for.

  • 4
    0

    This is a crap of an article.Yet even this crap is something way beyond Mahinda Jarapaksha’s capability.He has no matter at all upstairs.He is was a utter nut at Thurstan College and dropped out just before OL Exam.Thanks to Felix Dias Bandaranaike and Mrs B he got into Law College as. a result of having been an MP for two years and even then barely managed to scrape through thanks to some extra ordinary ” help ” by Jeyaraj Fernandopulle.Years later son Namal also got through through some extra ordinary help from the Principal of the Lawa College.When a fellow student filed a case in the Supreme Court over this help.the poor fellow was kidnapped and severely beaten up and forced to withdraw the case.This is what the chena cultivating ,thugs and criminals the Jarapakshas are.

  • 3
    0

    Comrade of Fidel Castro and smart patriot Dr.DJ and writer for MaRa,

    Do you believe in social mobility ? Do you believe in honesty, hardwork ? Do you respect law & order ?
    You were born into an upper middle class family and pseudo socialist. You talk about your kind of socialism but you are a supremacist and racist.

    No woder you worship MaRa as one of the enlightened.

  • 5
    0

    Shaa Mahendra Percival, you seem to have taken lessons from a great and effective teacher for you to have learnt to write so well in two years! Appa-dey, bloody good machan, now you can even teach your son Namal too, so that you don’t have to pay tuition fees to the other teflon law prof who used to carry your balls in his wheelbarrow…

  • 0
    4

    Ultimately UNP leadership has shifted new wave of Judiciary appointments by TNA Tamil-chauvinist recommendations of that politicization of an Independent rule of law by pressure of Tamil diaspora.

    Three pillars of Democracy disappear one by one which out of that an Independent system of Judiciary has gone hands of Tamil Terrorist political agenda.

    I having reasonable doubt that how long under MS, CBK and Ranil W…of UNP current political regime will meet of Democracy.
    Is that new political agenda of UNP regime will be safeguard “rule of Law” and that could be challenging very existence democratic order of Sri lanka?

    The end of day all verdicts and judgements of Judiciary and legal system subjects to come under political decisions of UNP Party headquarters of Sirikotha.

    This is bad shape of system of rule of law. And UNP’s commander will be almost Ranil W.. will be virtually head of CJ and Ministry of Justice come under authority of PM and President and CBK of previews.

    This is dangerous political trend that working against day to day operation of democratic administrator and management of state of affairs by given negative bad precedent to guide line on that leads for New Type of Rule of tannery!

  • 3
    0

    “Irregular Appointment Of High Court judge Threatens Independence Of The Judiciary” Meeta, Mara!

    ?!#$%&*++__–~?@!!!!!!

    Moo marila ipadilada, pissuda, hatida? Moowa allala balu kooduwata obapiyaw yakune!

  • 4
    0

    MR has no right to speak about the judiciary.

    In helping Hambantota case CJ Sarath Silva apologized to the Nation for wrong judgment. We are paying for his sins today.
    Impeachment of CJ Shirani Bandaranaike we will remember for a long time.

  • 3
    0

    These faggots did not have a problem when Chief Justice Bandaranayake was fired and a scarecrow appointed.

  • 5
    0

    If independence of judiciary is affected then we must definitely include foreign judges to the war crimes panel.

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