• Claims CC will now have to make decisions based on social media posts and statements by certain individuals
• Takes AG to task for not approving CC’s proposed law on appointing judges  

If the relevant parties do not support the efforts of the Constitutional Council (CC) to streamline the process of appointing judges to the superior courts, the CC will finally have to do nothing but make the relevant appointments based on social media posts and statements made by certain individuals, claimed a CC member.

Speaker of Parliament Mahinda Yapa Abeywardana had, in his capacity as CC Chairman, written to the Chief Justice (CJ), President's Counsel Jayantha Jayasuriya, calling for details pertaining to the performance of judges of superior courts. The CJ had then informed the CC that he could not provide the information on the judges’ performance as he was not in the possession of such.

Commenting on the matter to The Daily Morning and in reference to President Ranil Wickremesinghe’s proposed elevation of the President of the Court of Appeal (CA), Justice Nissanka Bandula Karunaratne to the Supreme Court (SC), the particular CC member said: “We cannot approve or reject someone's appointment to the superior courts just because someone said something good or bad about them. That is why we decided to prepare laws pertaining to the appointment of judges. However, as the preparation of laws takes time, we decided to request information on the judges' performance from the CJ. He said that he could not provide information on the matter. In this situation, the appointment of judges to the Superior Courts is being delayed.”

The said CC member also said that they had prepared laws pertaining to the appointment of judges, but that the Attorney General (AG) had refused to give his clearance to them. “The Constitution enables the CC to prepare laws, and we have done it. When there is a law, the CJ cannot say that he cannot send it. He is then duty-bound to provide us with the information that we, the CC, ask for. However, the AG does not give clearance to the laws that we prepared, and they cannot be gazetted without his clearance. All these parties are trying to make the CC a rubber-stamping body.”

As several attempts of the CC to streamline the judges’ appointments have failed, The Daily Morning queried regarding what action they would take in the end, to which the CC member replied: “In the end, we will have to make decisions based on what is being posted on social media platforms such as Facebook, and the statements made by certain individuals.”

The Speaker had informed the CJ that the requested information was necessary for the CC when approving the appointment of SC Judges, and the President and judges of the CA whenever such nominations are referred to the CC. The relevant letter had been sent in the wake of the recommendation made by President Wickremesinghe to appoint Justice Karunaratne as an SC judge, which is yet to be approved by the CC.