Yesterday (12), the Supreme Court decided to hold a hearing to inquire whether the President and the members of the Legislative Council violated the basic rights of the people by not appointing judges to the vacant positions of judges in the Court of Appeal and gave the Attorney General and the Legislative Council six weeks on behalf of the President to respond to the petition. (Sri Lanka Latest News)
Considering a fundamental rights petition filed by the President’s lawyer Mr. Senaka Valgampaya, stating that the Supreme Court has the authority to intervene if the President fails to fulfil the constitutional responsibility, it is clear that the President has failed to fulfil his constitutional responsibility by not appointing judges to the Court of Appeal when there are 5 vacancies. After looking at it, the Supreme Court allowed the petition to be heard on November 27.
The Attorney General and the members of the Legislative Council have been named as respondents in this petition filed by the President’s Counsel Mr. Senaka Valgampaya.
When the petition was considered, Mr. Suren Gnanraj, who appeared for the petitioner President’s Counsel, Mr. Senaka Valgampaya, stated that the sovereignty of the people guaranteed by the Constitution includes judicial power and that the President is bound to implement the people’s and sovereign power.
The petitioner states that the Supreme Court has the power to intervene when the President fails to fulfil that constitutional responsibility and that there are currently 5 vacancies in the Court of Appeal and the President has no power not to appoint judges to those vacancies, but due to the President not appointing judges to the vacancies, the petitioner has violated his constitutional rights. He said that it is clear that he is unable to fulfil his responsibility and the basic rights of the people have been violated due to this situation.
