Lawyers Collective on the appointment of retired judges to positions in the public and private sectors
The appointment of retired judges, especially of the Superior Courts, to positions in both the public and private sectors has been a matter of concern to the legal community and the general public in Sri Lanka and elsewhere. Post-retirement appointments of judges create a cloud over the sanctity of their judgments, irrespective of their merits. They also tend to undermine public faith in judicial independence. It is worse when an appointment is made immediately after retirement.
This is not to say that the valuable experience and insights acquired by judges should be wasted after retirement. The country must make good use of their knowledge in a manner that does not raise the suspicion that they were not impartial during their tenure. There can be no objection to retired judges being appointed as members or Chairpersons of constitutional commissions, Commissions of Inquiry or institutions such as the Law Commission of Sri Lanka, provided they are appointed through mechanisms such as the Constitutional Council, which ensures a national consensus on appointments. Their expertise could also be used in legal education and training of judges and lawyers.
The Lawyers Collective proposes that retirement benefits for judges of the Superior Courts should be equivalent to the emoluments and benefits of judges in service. They should not perform any function that would bring them monetary gain, advantage, or benefit except as permitted by the Constitution or written law. These matters should be regulated by constitutional or statutory provisions.
Yours faithfully,
On behalf of the Lawyers’ Collective
Mr. Rienzie Arsecularatne, President’s Counsel
Dr. Jayampathy Wickramaratne, President’s Counsel
Professor Savitri Goonesekere, Attorney-at-Law
Mr. M.A. Sumanthiran, President’s Counsel
Mr. Geoffrey Alagaratnam, President’s Counsel
Mr. Saliya Pieris, President’s Counsel
Mr. S.T. Jayanaga, President’s Counsel
Professor Deepika Udagama
Rev. Fr. Noel Dias, Attorney-at-Law
Mr. K.W. Janaranjana, Attorney-at-Law
Mr. Srinath Perera, Attorney-at-law
Ms. Ermiza Tegal, Attorney-at-Law
Mr. Darshana Kuruppu, Attorney-at-Law
Mr. Manoj Nanayakkara, Attorney-at-Law
Mr. Amila Egodamahawatte, Attorney-at-Law
Mr. Jayantha Dehiaththage, Attorney-at-Law
deepthi silva / March 4, 2025
We had a scoundrel who was appointed Attorney General , Chairman of a Bank , Chief Justice and finally country representative at the UN , all appointments by the Rajapkse family. The guy played them nicely !
Later he crawled to newly elected President Sirisena saying he will judge according to Sirisena’s wishes.
He was thrown out physically from the CJs chair but later the Rajapakse’s appointed him as the country rep at the UN ! This is the shocking quality of our top diplomat.
Even Ranil who was surprised to see the sitting CJ at MR”s residence the night MR was defeated by Sirisena, did not recall Mohan Peiris from the UN !
That is how bad our legal/political culture is.
Now they have appointed the retired CJ to the UN ! Is he a good diplomat ? Has he any interest in foreign affairs, has he got the personality and the charm required of a diplomat ? We cannot think our colourless public servants ( a failed system) upon retirement are capable of doing any job. This guy was the AG when Ranil gave evidence at the Bond Commission and soft peddled the issue. Ranil then made him CJ !
Gota thought ex-army guys were good diplomat quality . What a joke that became !
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deepthi silva / March 4, 2025
I have a deep dislike for the Sri Lankan legal system. Having witnessed the endless litigation my parents and siblings had to face to get their own property from squatters and defaulting tenants I will never want to get involved with that system.
The lawyers there are just out to make money, conniving with the other side to get postponements. The judges are happy to give dates and even when they write an order, these get cancelled in the appeal. So we have to go back to court. It seems they are not competent
I have been following the saga of Sri Lankan judges and lawyers with anger. They pretend to be doing justice but no one is happy.
At least in the UK solicitors are decent gentlemen and subject to strict rules of the profession.
In Sri Lanka they are like hungry wolves falling on a carcass
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Douglas / March 6, 2025
A good example for this request by the Lawyers Collective is the appointment of Retired Supreme Court Judge – Upali Abeyrathne (dubbed Pissu Poosa by Ranil W) to many Presidential Commissions and Constitutional Councils. He became famous while being the chairman of the Presidential Commission (appointed by GOTA), which was appointed to inquire into “Political Victimization of Public Servants” under the Yahapalanaya Government of Ranil W. He even summoned a person like Major Senadhipathi (not a Public Servant by any means) who was running a private security firm to decide on a case heard in courts at the time. He heard many such cases at the Commission level and exonerated all the accused in court cases that were being scheduled to litigate. He even recommended the removal of civic rights of AKD, Patali Champika and Ranil W. That is how he was named “Pissu Poosa” by Ranil W.
Recently he was functioning as the Chairman of the Right To Information Commission. He resigned a few days back.
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