By A Fundamental Rights petition has been filed in the Supreme Court, questioning the decision of the Constitutional Council to reject the appointment of Nissanka Bandula Karunaratne as a Supreme Court judge. The petition, filed by attorney Sarith Maheeputhra Pathirathne, argues that the Council’s decision was arbitrary and unreasonable, violating Karunaratne’s fundamental rights.
The Case:
President recommended Karunaratne, the most senior judge of the Court of Appeal, for a Supreme Court vacancy.
Chief Justice endorsed the recommendation.
Constitutional Council voted against the recommendation during a meeting on January 19th.
Council cited inability to verify Karunaratne’s suitability due to allegations of “bench-fixing tactics” raised by the Attorney General.
Petitioner’s Arguments:
Council’s decision represents a failure in its constitutional duty and was made through arbitrary decision-making.
Casting doubt on Karunaratne based solely on oral submissions and public allegations is irrational and unjust.
Rejection obstructs Karunaratne’s career progression unfairly.
Supporting Counsel:
President’s Counsel Faiszer Musthapha will support the petition.
Possible Implications:
The Supreme Court could either:
Uphold the Council’s decision if it finds their reasoning justified.
Overturn the decision if it deems it arbitrary or unlawful.
Order further investigation into Karunaratne’s suitability.
This case could set a precedent for future appointments and the balance of power between the President, Constitutional Council, and Judiciary.
Ranil Wickremesinghe’s Nomination
President Ranil Wickremesinghe had sent a strongly-worded letter to the Constitutional Council with regard to his recommendation to appoint a new Supreme Court judge
Following its rejection of President Ranil Wickremesinghe’s nomination of Court of Appeal (CA) President Nissanka Bandula Karunaratne as a Supreme Court (SC) justice, sources within the Constitutional Council (CC) stated that it was not done with the intention of going against the President.
The CC had last week declined the recommendation made by President Wickremesinghe to promote Karunaratne as an SC justice. The CC’s decision has led to reports of a conflict between it and the President.
When contacted by The Daily Morning, a member of the CC, speaking on condition of anonymity, said that they had declined the President’s nomination, but it was not done with the intention of going against him (the President).
“Last week, the President had made two nominations for the Monetary Board of the Central Bank of Sri Lanka (CBSL) and we approved them. When Deshabandu Tennakoon was nominated as the Acting Inspector General of Police (IGP), we approved it too. Just because we rejected one nomination, it does not mean that there is a conflict between the President and CC,” the CC member stressed.
