BASL expresses concern over appointing of retired High Court Judge as High Court Commissioner

The present appointment has been made whilst there are several vacancies in the High Court cadre as well as senior judicial officers fit and suitable for such appointments and thus has been done without any apparent justification

The Bar Association of Sri Lanka (BASL) expressed its grave concern over the appointment of a retired High Court Judge as High Court Commissioner.

The BASL said the provisions relating to the appointment of High Court Commissioners exist to be used under exceptional circumstances and where the circumstances warrant such an appointment; such as a shortage of judges conversant in a particular language. “The present appointment has been made whilst there are several vacancies in the High Court cadre as well as senior judicial officers fit and suitable for such appointments and thus has been done without any apparent justification,” read a statement from the Bar Association yesterday.

“It is claimed that this appointment has been made in view of expeditiously hearing cases under the Prevention of Terrorism Act and the Emergency Regulations. Such functions can be performed by High Court Judges appointed by the President on the recommendation of the Judicial Services Commission. There is no justification in appointing a High Court Commissioner for this purpose. Under the said circumstances, the Bar Association is of the view that there was no need for the Minister of Justice to represent to the President the need for such an appointment,” the statement added.

The Bar Association urged the government to take immediate steps to reverse this process forthwith and for urgent steps to be taken to fill the vacancies which exist in the High Court cadre in order to ensure the efficient administration of justice.