Mr. Mahinda Rajapakshe filed an appeal against the Interim Order proceeded by the Court of Appeal suspending the Prime Minister's position and the duties of the Cabinet yesterday (05). However, no dates have been fixed for the hearing of the appeal so far.
The Petition filed requesting to nullify the gazette notice issued by the President on Parliament dissolution and holding an election, is being taken into consideration these days before a bench of 07 judges in the Supreme Court. The hearing will continue for tomorrow (07) as well.
Apparently, the Appeal filed by Mr. Mahinda Rajapakshe will be taken into consideration after the Petition.
The highest number of judges eligible to sit in the Supreme Court Bench is 11 including the Chief Justice. However, only 09 Supreme Court Judges remain active. Among them is Judge Eva Wanisundara who will be retired soon, and according to Parliamentarian Vijitha Herath, she is currently abstained from work.
Apparently, only one Supreme Court Judge will remain.
Assessment of Appeal filed by Mr. Mahinda Rajapakshe is delayed amid the reason.
Supreme Court Judges are appointed by the President, whereas the nominations are being recommended through the Legislative Council. The Legislative Council has nominated Judges Thureiraja and Gamini Amarasekara for two judge positions that are currently vacant in the Supreme Court, which have been sent to the President on last October 25.
Even after a lapse of one and a half months, the President is delaying their swearing-in, and if the two of them were sworn in, the appeal of Mahinda Rajapakse will also be taken up.
Presumably, the President is too busy to appoint two Supreme Court Judges amid the political and constitutional crisis emerged in the country. Nevertheless, in the face of the crisis in the country, the Judiciary, especially the Supreme Court, is critical. Therefore, it is problematic that the President is not paying attention to solve the issue even when the Legislative Council has given its recommendations.