(Lanka-e-News - 10.April.2017, 8.00PM) The Bar Association of Sri Lanka (BASL) gave a slap in the face answer to the decision taken by the Judicial Service association (JSA) comprised of judges of the low rungs which demanded that R.Kannan the newly appointed high court judge shall be removed from that post.
The BASL quoting article 111(2) of the constitution said , the BASL shall not intervene . Under this article , the recommendations made by the JSA based on disciplinary grounds only can be considered by the JSC ,and not anything else . Though the BASL can make recommendations in regard to appointment of lawyers to posts of judges, as regards promotions of judges in lower rungs , there are criteria governing those , the BASL had pointed out , in response.
This decision was taken by the BASL in response to the request made by the JSA, when addressing the issues that had sprung up. Senior silks and past presidents of the BASL who met at the BASL OPA room on 2017-03-20 at 6.30 p.m. took this decision.
Present
Mr. Ikram Mohamed PC
Mr. Ajantha Athukorala
Mr. Upul Jayasuriya
Mr. Geoffrey Alagaratnam P C
Excused
Mr. K Kanag- Isvaran P C
Mr. Faiz Mustapha P C
Mr. Nihal Jayamanna P C
Mrs Maureen Seneviratne P C
Mr . W Dayaratna PC
Mr. Upali Goonaratne P C
The Views sent by Mr. K. Kanag - Isvaran P C, Mr. Faiz Mustapha P C, Mr. Nihal Jayamanna P C were tabled at the meeting. Members considered the views expressed by the three PCs and unanimously accepted their views. They agreed that the BASL should not get involved in recommending the removal of a High Court Judge who has been now appointed. This can only be done in terms of Article 111(2) of the Constitution subject to the disciplinary Control of His Excellency the President on the recommendation of the Judicial Services Commission.
Further the following recommendations were made in this regard -
1.The BASL has a duty and every right to look after the interests of the members of the Bar and to ensure quality justice, and in that the BASL is entitled to make recommendations to His Excellency the President of eminent members of the Bar for judicial appointments.
2.Members of the Bar who have joined the Judiciary by way of direct appointments have proved to be successful and eminent judicial officers and to therefore request His Excellency the President to consider recommendations made by the BASL from time to time for appointments to the Judiciary.
3.There should be a transparent criterion adopted in promoting judges such as
*Consideration of the No. of judgments written.
*Consideration of the no. of judgments reserved but not written
*Quality of judgments and whether they have been sustained in the Appellate Court
To constitute an Advisory Committee consisting of Senior President’s Counsels and Past Presidents to advise the President of the BASL in matters of such importance.
By a special correspondent
---------------------------
by (2017-04-10 14:51:50)
Read 57498 Times
Leave a Reply
1 discussion on this news
The BASL has no power whatsoever to make recommendations in regard to appointment of lawyers to posts of judges to any forum. Where on earth the BASL found this piece of law ? Must be in their dreams. crooks like Fake PC (president ge counsel) Ali Sabbiri must be dreaming to have such power to appoint another bunch of Mara/Gota 's henchmen as judges from top Court to the bottom. What is BASL ? It is an association comprising the ordinary lawyers. Most of these are mere game players. We can name the silks who charge very high fees from clients , but never visible in court , instead a raw junior who does not know A or B appears and moves for a date while the so called silk is hiding in another court may be in Colombo. We will name them with case numbers if LeN wants to publish. There are plenty of case records to confirm this with the names of those so called SILKS. If you do not know LeN, one so called PC charged Rs. 250,000.00 just for one appearance in an ordinary Partition Action in an outstation District Court. The most astonishing fact is, that the SILK is mostly SICK every time the case was taken up for trial ( but appearing in another court probably in Colombo ). A junior who knows nothing but to move for a date appears and prays the same. The case is postponed to another date. Funniest of all is , the fees never returned. Hah hah ha haaaa... this is how these so called PCs earn money. should be cursed of. I assure, LeN, and bet you, come to Sri Lanka and be in a court room to witness this real drama which happens on daily basis in almost all the courts in Siri Lanka. LeN, Do you think , an Association comprising such bloodsucking dishonest thieves should have power to nominate or recommend members of it to be appointed as Judges..? What a judiciary would be.. The BASL should never be given such power or a word to recommend or appoint judges. The Judicial Service Commission (JSC) is the only body which has the power to appoint judges. and in future too the JSC should be the only Organ which shall entertain such powers. The BASL must understand that they are a bunch of lawyers. and Len...the funniest of the funnies is this :- .......................1.The BASL has a duty and every right to look after the interests of the members of the Bar and to ensure quality justice, and in that the BASL is entitled to make recommendations to His Excellency the President of eminent members of the Bar for judicial appointments.
2.Members of the Bar who have joined the Judiciary by way of direct appointments have proved to be successful and eminent judicial officers and to therefore request His Excellency the President to consider recommendations made by the BASL from time to time for appointments to the Judiciary.
3.There should be a transparent criterion adopted in promoting judges such as
*Consideration of the No. of judgments written.
*Consideration of the no. of judgments reserved but not written
*Quality of judgments and whether they have been sustained in the Appellate Court
To constitute an Advisory Committee consisting of Senior President’s Counsels and Past Presidents to advise the President of the BASL in matters of such importance.
............. Len , I do not have proper words to pronounce a neat reply / response on the above. . rather I would say this " HUKALA HITEE" ehema keruwoth. hithaagana athi... If these recommendations are accepted, where on earth would be the Independence of the JUDICIARY? .....
-- by Gamaraala on 2017-04-11
