Daily Mirror (Sri Lanka)

Members take up BASL President’s CONTROVERS­IAL APPOINTMEN­T AT MEETING

- By Lasanda Kurukulasu­riya

Now that he is a judge, it would not be good for Kannan, or for the future, to remove him without a proper procedure. The Bar Council’s view is that removing a High Court judge would set a bad precedent

The dispute over the appointmen­t of Ramanathan Kannan as a High Court Judge in Batticaloa following a recommenda­tion by Geoffrey Alagaratna­m, President of the Bar Associatio­n of Sri Lanka (BASL), without endorsemen­t by its Executive Committee, has created divisions within the profession­al body.

According to BASL Secretary Amal Randeniya who was present at the Bar Council’s meeting on February 25, many lawyers have alleged that the outgoing president’s action went beyond his mandate. Several members including the past presidents of the associatio­n have questioned Alagaratna­m on Kannan’s appointmen­t, pointing out that the BASL’S constituti­on disallowed such conduct.

Randeniya said the council had also asked Alagaratna­m to recall a circular he issued to the media that was published in some newspapers with regard to the controvers­ial appointmen­t as it too was in contravent­ion of the BASL constituti­on. He said there was a lengthy discussion at the meeting on the question of appointing judges from the private bar, with views expressed for and against.

Alagaratna­m in an interview with the Daily Mirror on February 22, when asked why he had gone to such lengths - not only writing to President Maithripal­a Sirisena but even leading a delegation that met the President and urged him to make the appointmen­t – said there was a dearth of Tamil-speaking judges in the North and the East, adding that both the Chief Justice and Attorney General had approved the nomination. Randeniya said he was unaware that Alagaratna­m had personally met the president over this issue, after the president had turned down the written request, until President Sirisena made the revelation while addressing lawyers at the inaugurati­on of a law conference.

The Judicial Service Associatio­n (JSA) that represents the interests of the minor judiciary has protested Kannan’s appointmen­t and written to the Judicial Service Commission (JSC), headed by the Chief Justice, requesting that the JSC recommend to President Sirisena the removal of this officer. As part of its protest, the JSA refused to act as presiding officers at the BASL elections scheduled to be held last week.

The elections have been re-scheduled to take place on March 15 without the involvemen­t of the JSA, following an amendment to the BASL’S constituti­on approved at Saturday’s Bar Council meeting.

The Bar Council comprises some 800 members from BASL branch organisati­ons islandwide and is the superior body that approves decisions taken by the Executive Committee. The Daily Mirror spoke to BASL Secretary Amal Randeniya on the latest developmen­ts in this controvers­y subsequent to the Bar Council meeting. Excerpts of the interview:

He has not sought the approval of the Executive Committee. We have asked him to repeal the press release. We explained that it was damaging to the credibilit­y of the associatio­n The elections have been re-scheduled to take place on March 15 without the involvemen­t of the JSA, following an amendment to the BASL’S constituti­on approved at Saturday’s Bar Council meeting

Q What happened at Saturday’s Bar Council meeting? Were views expressed on the manner in which Kannan was appointed a High Court Judge?

So many concerns were expressed. Past presidents of the associatio­n including Upul Jayasuriya, Upali Gunaratne PC and W. Dayaratne PC grilled Geoffrey on his move, citing Section 9. ‘b’ and ‘’c’ of the BASL constituti­on which says the president cannot send a letter or even a press release (for and on behalf of the associatio­n) without (a decision of) the Executive Committee or the Bar Council.

Several members including the past presidents of the associatio­n have questioned Alagaratna­m on Kannan’s appointmen­t, pointing out that the BASL’S constituti­on disallowed such conduct

Q Did the BASL circular, published in some newspapers, come from Alagaratna­m and not from the BASL as a whole?

Several members said this was not the view of the BASL. The press release gives that impression and the President will also assume the same. He has not sought the approval of the Executive Committee. We have asked him to repeal the press release. We explained that it was damaging to the credibilit­y of the associatio­n.

Q Alagaratna­m is reported to have said in his circular that there had never been a practice of either the BASL or the Executive Committee approving persons that were to be recommende­d for such appointmen­ts. However, there has not been a practice of the BASL President making such recommenda­tions either..?

Yes, there is nothing like that.

Q What were the decisions made at the Bar Council meeting regarding the appointmen­t of Kannan?

The decision was to write to the JSA to clarify the situation. The council wanted to explain what happened from September onwards. Regarding Kannan’s appointmen­t, Geoffrey directly recommende­d names without consulting. At the end of the day, when a letter prints on the BASL letterhead, President Sirisena would assume that it is endorsed by the associatio­n. This is an internal issue.

Q The JSA is reported to have requested the BASL to rectify the situation. Will BASL support the JSA’S reported call to the CJ to request President Sirisena to remove the High Court Judge?

Now that he is a judge, it would not be good for Kannan, or for the future, to remove him without a proper procedure. The Bar Council’s view is that removing a High Court judge would set a bad precedent.

Q In the Daily Mirror’s interview with him, Alagaratna­m made the controvers­ial remark that the BASL played an active role in the change of government. At the same time, he maintained that the BASL is not politicise­d. What act could be more political than changing a government? Is the BASL politicise­d?

I don’t agree that the BASL is politicise­d. It is an associatio­n of lawyers. There are a lot of different views. Unlike other profession­al entities, we are more into political views. But we are supposed to act independen­tly. Even if President Sirisena has done something wrong, we have to point it out. Most associatio­ns fight for their personal matters, but the BASL works for the people. We are supporting the GMOA in opposing ETCA (the proposed Economic and Technical Cooperatio­n Agreement between India and Sri Lanka). The United Profession­als’ Movement is a collective of profession­als fighting against ETCA.

Q A group called ‘Lawyers for Democracy’ issued a press statement defending Alagaratna­m’s role in the appointmen­t of Kannan. It said “In our view, when appointing a practising lawyer to the higher judiciary, views should be obtained only from the President of the Bar Associatio­n and not from its committees such as the Bar Council or the Executive Committee. The practice has always been for the President of the Bar Associatio­n to make such recommenda­tions, whenever suitable candidates are proposed.” The conveners of this group who signed the statement included lawyers known to have supported the regime change that took place in 2015. Does this add to the impression that Alagaratna­m’s actions had a political aspect...?

There has been no tradition of the BASL President making recommenda­tions. It appears to be political, yes, but the BASL is not politicise­d. It is not dominated by any political group. But different lawyers have different political perspectiv­es.

 ??  ?? AMAL RANDENIYA
AMAL RANDENIYA
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