The Lawyers’ Collective, a prominent legal advocacy group in Sri Lanka, underscores the importance of merit and integrity in appointments to the superior courts. They stress that the President’s appointments, made in consultation with the Chief Justice and approved by the Constitutional Council, should prioritize these qualities over mere seniority.
In response to recent allegations made by Sports Minister Roshan Ranasinghe in Parliament on November 8, 2023, accusing the President of the Court of Appeal of abusing judicial office, the Lawyers’ Collective calls for a prompt investigation. They emphasize the gravity of any allegation against a superior court judge and express concern about undermining court orders through parliamentary privileges without formal complaints.
The Lawyers’ Collective insists on expeditious, transparent, and robust measures to determine the validity of allegations against a judicial officer. They stress that such actions are essential to protect the integrity and independence of the judiciary, fundamental to upholding the rights of the people and the sovereignty of Sri Lanka, as guaranteed by Articles 3 and 4(c) of the Constitution.
Highlighting the absence of a transparent and accountable process for disciplinary investigations against judicial officers, the Lawyers’ Collective urges the superior courts to establish an internal regulatory system. They propose that impeachment by Parliament should be a last resort, emphasizing the need for prompt and public resolution of allegations.
Additionally, the Lawyers’ Collective insists that any allegation of conflict of interest, dereliction of duty, or misconduct must undergo a credible investigation with public disclosure of findings. They advocate for the formal promulgation of a binding code of conduct and ethics for superior court judges, a proposal from a few years ago.
The statement is endorsed by a group of President’s Counsels, including Upul Jayasuriya, Dr. Jayampathy Wickramaratne, Geoffrey Alagaratnam, M.A. Sumanthiran, Dinal Phillips, S.T. Jayanaga, M.M. Zuhair, and Attorneys-at-law Prof. Savitri Goonesekere, Prof. Deepika Udagama, Upul Kumarapperuma, among others, on behalf of the Lawyers’ Collective.
