The Supreme Court today (12) dismissed a petition that sought a declaration against the Speaker, alleging a violation of fundamental rights by rejecting the President’s recommendation to appoint Justice Nissanka Bandula Karunaratne, the President of the Court of Appeal, as a Supreme Court judge.
The petition was heard before a three-judge bench comprising Justices Srithi Padman Surasena, Achala Wengappuli, and Kumuduni Wickramasinghe.
Attorney-at-Law B.P.S.M. Pathiratne filed the petition, which argued that the Constitutional Council’s decision to reject the nomination infringed upon fundamental rights guaranteed under Article 12(1) of the Constitution. When the matter was taken up on April 30, an interim injunction was issued, restraining the President from appointing or nominating any Supreme Court judges other than the Chief Justice.
The bench permitted the examination of the petition to assess whether the Constitutional Council’s rejection of the President’s recommendation for a Supreme Court appointment violated procedural fairness and constitutional safeguards.
Following a hearing that concluded on July 25, the Supreme Court issued its judgment today, affirming that the Constitutional Council acted within its authority. The court upheld the decision by the majority of the Constitutional Council members to reject Justice Karunaratne’s nomination, ruling it as lawful and procedurally sound.
