Bar Association of Sri Lanka (BASL) President Kaushalya Nawaratne, PC has denied allegations of a new appointment to his position, asserting that he remains the BASL President. 

Nawaratne states that, according to the BASL Constitution, he can only be removed through a resolution by the Bar Council, which must be approved by a three-fourths majority of the entire membership.

Nawaratne’s statement follows claims by BASL Secretary Chathura Galhena that a new deputy president has been appointed, who is now acting as the BASL president. 

The BASL at a meeting held on 18 May appointed a committee led by Dr. Faisz Musthapha, PC for the purpose of inquiring into the matters relating to the Japan International Cooperation Agency (JICA)-BASL programme.

In response to Galhena’s statement, Nawaratne said: “I’m still the President of BASL. I have not been notified of any appointment, whether it is for a vice president or an acting president. 

“According to our Constitution, while the Bar Council can appoint a vice president, traditionally the president nominates the deputy president, and this nomination is usually approved by the Bar Council. This is a long-standing tradition in our profession, which relies on established practices in addition to statutory rules and regulations.”

He continued: “I have not received any information regarding the alleged appointment of a vice president or deputy president. The Constitution provides that a president can only be removed through a resolution by the Bar Council, which must be approved by a three-fourths majority of the entire BASL membership. This is the only method for removing a president, apart from voluntary resignation or disqualification as outlined in the Constitution. As of now, neither of these conditions has been met.

“Regarding the current situation, either I must resign, or I must be removed with the consent of a three-fourths majority of the entire BASL membership. Neither of these conditions has been met thus far. Therefore, the position of president has not fallen vacant, and no new president can be appointed to serve out the remainder of my term until I resign.

“Additionally, there are constitutional issues with the nomination of a new deputy president. Specifically, the nominee cannot have served as deputy president within the two years preceding the date of the new appointment. Although Anura Meddegoda is a respected practitioner, there is a concern about whether he meets the constitutional requirements for the position.”

Nawaratne added that the Bar Council’s request was based on a report currently under review by a senior panel of lawyers advising him. “We will make a decision soon and communicate it to the Bar Council through the appropriate channels. The decision will be communicated to the Bar Council through the admin secretary and the secretary, as outlined in the Constitution, so that the Bar Council can officially record my decision. The committee was formed due to allegations of misappropriation of funds, which I have addressed as false.”

He continued: “The report cleared me of the accusations for which the committee was established. However, the committee’s conclusion about a lack of transparency is incorrect. I have substantial documentary evidence showing that the process was fully transparent and communicated to all relevant parties, including the entire membership.

“The opinion that has been expressed is not representative of the entire membership. I am committed to making a decision that will preserve and protect the integrity and reputation of the Bar Association and the legal profession, rather than focusing on personal achievements. This is my primary consideration at the moment.”

When contacted, BASL Secretary Galhena said: “We have not appointed a new president. We have appointed a new Deputy President because Deputy President Nalinda Indatissa resigned. But there was a decision of the Bar Council for Nawaratne not to function in his office. Technically, Nawaratne is the President of BASL, but since there is a decision by the Bar Council directing him not to function, under the Constitution, when the President is not functioning, the deputy president becomes the acting president. There is no appointment as such being given. It is by operation of the Constitution that the Deputy President is acting in that position.”