BASL gives a slap in the face answer to the outrageously erroneous decision of JSA !

BASL gives a slap in the face answer to the outrageously erroneous decision of JSA !

LEN logo(Lanka-e-News – 10.April.2017, 8.00PM)  The Bar Association of Sri Lanka (BASL) gave a slap in the face answer to the decision taken by the Judicial Service association (JSA) comprised of judges of the low rungs which demanded  that R.Kannan  the newly appointed high court judge shall be removed from that post.
The BASL quoting article  111(2) of the constitution said , the BASL shall not intervene . Under this article  , the recommendations made by the JSA based on disciplinary grounds  only can be considered by the JSC   ,and not anything else . Though the BASL can make recommendations in regard to appointment of lawyers to posts of judges, as regards promotions of judges in   lower rungs , there are criteria governing those , the BASL had pointed out , in response.  
This decision was taken by the BASL in response to the request made by the JSA, when addressing the issues  that had sprung up.  Senior silks  and past  presidents of the BASL who met at the BASL OPA room on 2017-03-20 at 6.30 p.m. took this decision.
Mr. Ikram Mohamed PC
Mr. Ajantha Athukorala
Mr. Upul Jayasuriya
Mr. Geoffrey Alagaratnam P C
Mr. K Kanag- Isvaran P C
Mr. Faiz Mustapha P C
Mr. Nihal Jayamanna P C
Mrs Maureen Seneviratne P C
Mr . W Dayaratna PC
Mr. Upali  Goonaratne P C 
The Views sent by Mr. K. Kanag – Isvaran P C, Mr. Faiz Mustapha P C, Mr. Nihal Jayamanna P C were tabled at the meeting. Members considered the views expressed by the three PCs and unanimously accepted their views. They agreed that the BASL should not get involved in recommending the removal of a High Court Judge who has been now appointed. This can only be done in terms of Article 111(2) of the Constitution subject to the disciplinary Control of His Excellency the President on the recommendation of the Judicial Services Commission.
Further the following recommendations were made in this regard  – 
1.The BASL has a duty and every right to look after the interests of the members of the Bar and to ensure quality justice, and in that the BASL is entitled to make recommendations to His Excellency the President of eminent members of the Bar for judicial appointments.
2.Members of the Bar who have joined the Judiciary by way of direct appointments have proved to be successful and eminent judicial officers and to therefore request His Excellency the President to consider recommendations made by the BASL from time to time for appointments to the Judiciary.
3.There should be a transparent criterion adopted in promoting judges such as
*Consideration of the No. of judgments written.
*Consideration of the no. of judgments reserved but not written
*Quality of judgments and whether they have been sustained in the Appellate Court
To constitute an Advisory Committee consisting of Senior President’s Counsels and Past  Presidents to advise the President of the BASL in matters of such importance.

By a special correspondent 

by     (2017-04-10 14:51:50)
Categories: Uncategorized

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