February 15, Colombo (LNW): A Fundamental Rights petition has been lodged in the Supreme Court, urging an order to direct the Constitutional Council to ratify the recommendation put forth by the President for the appointment of the incumbent President of the Court of Appeal, Nissanka Bandula Karunaratne, as a Supreme Court judge.
Sarith Maheeputhra Pathirathne, an Attorney-at-Law, filed the petition, citing the members of the Constitutional Council, including Prime Minister Dinesh Gunawardena, Speaker Mahinda Yapa Abeywardena, Opposition Leader Sajith Premadasa, Nimal Siripala de Silva, and Sagara Kariyawasam, among others, as respondents.
The petitioner contends that the decision of the Constitutional Council to reject the President’s recommendation, endorsed by the Chief Justice, to fill a Supreme Court vacancy with the most senior judge of the Court of Appeal, is arbitrary and unreasonable.
The petition highlights that during a meeting held on January 19, the Constitutional Council voted against the President’s recommendation. Consequently, as per Article 41 E (4) of the Constitution, the recommendation failed to garner majority approval.
The Council cited inability to verify Justice Karunaratne’s suitability for the appointment to the Supreme Court, citing allegations of bench-fixing tactics in a writ petition against his arrest by Pastor Jerome, as per the Attorney General.
The petitioner argues that the Council’s actions constitute a failure in its constitutional duty, characterised by arbitrary decision-making.
Casting doubt on the nominee and obstructing his career progression based solely on oral submissions and public allegations is deemed irrational and unjust.
President’s Counsel Faiszer Musthapha is set to support the petition.
