The Bar Association of Sri Lanka (BASL) has drawn the attention of the President and the Parliamentary Council on the need to adhere to the due process when appointing judges to the Court of Appeal.
In a letter to the President, the BASL stated that due consideration should be given, to the seniority and merit of the nominees after consulting all relevant stakeholders.
The BASL viewed that any deviation from the order of seniority among High Court Judges must be accomplished only in exceptional circumstances and for valid reasons.
The Bar Association of Sri Lanka understands that Your Excellency has forwarded to the Parliamentary Council, for its observations the names of the incumbent President of the Court of Appeal and the most senior judge of the Court of Appeal for appointments to the vacant position in the Supreme Court, and the vacancy in the office of the President of the Court of Appeal. We understand that these nominations are upon the recommendation of the Chief Justice. In the event, the aforementioned appointments are made a vacancy would arise in the Court of Appeal. In practice, Judges are selected through a process of nomination by the Chief Justice, the Attorney-General and the Minister of Justice, the BASL letter stated.
