President, BASL discuss judges’ retirement age, judicial reforms
COLOMBO – President Anura Kumara Dissanayake and representatives of the Bar Association of Sri Lanka (BASL) held discussions on Wednesday (12) on the proposed 22nd Amendment to the Constitution and the extension of the retirement age of judges.
The nearly hour-long meeting, held at the Presidential Secretariat, focused on the BASL’s concerns and recommendations regarding the proposed amendment, with the President outlining the government’s position and its broader plans to strengthen the country’s justice system.
President Dissanayake stressed that the administration of justice extends beyond the judiciary and involves an integrated process encompassing investigations, prosecutions and adjudication.
He said the government was taking steps to strengthen the human resources of the Attorney General’s Department, the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), Sri Lanka Police and the Government Analyst’s Department as part of efforts to improve the overall justice system.
Plans are also underway to expand CIABOC’s services to the district level, increase the number of Court of Appeal judges and provide the infrastructure required for the Court of Appeal to conduct proceedings regionally, thereby improving public access to justice, the President said.
He also highlighted plans to increase the number of High Court judges and improve the physical infrastructure and facilities of courts.
Against this backdrop, President Dissanayake said the proposal to extend judges’ retirement age had not been introduced with any particular individual or group in mind, but was intended to serve the broader public interest.
He further said the proposed amendment was only one component of a wider judicial reform program aimed at addressing shortcomings across the justice system and should not be viewed as a reflection of his personal position or that of the government alone.
The BASL said it emphasized that the proposed amendment would have a serious impact on the independence of the Judiciary and that, in the circumstances, the proposed amendment should not be proceeded with. It also pointed out that there were several other urgent matters requiring the attention of the government which must be given priority.
In a statement issued after the meeting, the BASL said the delegation impressed upon the President that, in view of concerns raised regarding judicial independence and the lack of a demonstrated need for the proposed amendment to be treated as a priority, the government should not proceed with it at this stage.
Prof. Savithri Goonasekera, who was invited by the BASL President Rajeev Amarasuriya to express her views, outlined the conceptual basis of the separation of powers, the imperative of independence of the judiciary and the need for the judiciary to have public confidence at all times, and distinguished extension of tenure in the public sector from extension of tenure of judges who form one pillar of democracy.
The BASL delegation proposed that a proper and meaningful consultative process be commenced, involving all relevant stakeholders, including the legal profession, Judges, academics and other stakeholders, before the government decides on further proceedings. It also suggested that the matter could possibly be referred to and considered by a Parliamentary Select Committee as part of such a consultative process.
The 20-member BASL delegation included its President Rajeev Amarasuriya, Deputy President Rienzie Arsecularatne, PC, Secretary Nalin De Silva, Treasurer Pasindu Silva, former presidents Geoffrey Alagaratnam, PC, Upul Jayasuriya, PC, and U.R. De Silva, PC, as well as senior members and zonal representatives
Justice and National Integration Minister Harshana Nanayakkara and President’s Legal Adviser Attorney-at-Law J.M. Wijebandara joined President Dissanayake in the discussion.
–ENCL
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