In a significant development, Leader of the House and Minister Bimal Ratnayake has taken steps to withdraw the nomination of Court of Appeal Judge M.T. Mohamed Lafar—who had been recommended by President Anura Kumara Dissanayake for appointment to the Supreme Court—at the final moment.
The Constitutional Council convened today to vote on the President’s recommendation to appoint Justice Lafar, the Acting President of the Court of Appeal, to fill a current vacancy in the Supreme Court. However, reliable sources state that just as the vote was about to begin, Minister Bimal Ratnayake, acting as the President’s representative within the Council, announced the withdrawal of the nominee’s name. As a result, the vote did not take place.
Political sources indicate that this move followed an objection reportedly raised by Chief Justice Murdu Fernando at the time the recommendation was submitted.
Earlier media reports had noted that Justice Mohamed Lafar, the President of the Court of Appeal, is scheduled to retire on June 18—just two days prior to the date on which the Supreme Court vacancy is set to arise. Against this backdrop, President Dissanayake had reportedly sent Lafar’s nomination to the Constitutional Council in haste.
While Supreme Court judges in Sri Lanka retire at the age of 65, legal sources point out that this age-based convention has not been consistently followed in the judiciary.
As per Article 41(c) of the Constitution, the Constitutional Council is required to consult the Chief Justice before making appointments to higher courts. It is standard practice to obtain the Chief Justice’s recommendation prior to nominating any individual for such a position.
However, it is reported that Chief Justice Murdu Fernando’s recommendation regarding Justice Lafar had not been received at the time of the nomination.
Additionally, judicial sources reveal that when four vacancies arose in the Supreme Court earlier this year, in January, the Chief Justice did not include Justice Lafar’s name among her recommendations—despite his seniority within the judiciary.
