JSA wants...
JSA wants appointment reconsidered
The Judicial Service Association (JSA) has requested the Judicial Service Commission (JSC) headed by the Chief Justice to reconsider the recommendation it had made to appoint Ramanathan Kannan as a High Court Judge.
In a letter addressed to the Chief Justice and other members of the Commission, it said on January 31, 2017, several judicial officers around the country made queries from the Judicial Service Association regarding the rumour circulated in the judicial circles about the appointment of a lawyer from the unofficial bar directly as a High Court Judge. They have requested the Association to verify the said news and to take immediate steps to safeguard the interests of the judicial officers of the minor judiciary since such an unprecedented appointment would affect the minor judiciary. The JSC said, “Since the power of appointing judges to the high court is vested with the President on the recommendation of the Judicial Services Commission in consultation with the Honourable Attorney General, according to article 111(2) (a) of the Constitution, the Executive committee members of Judicial Service Association met His Lordship the Chief Justice on the morning of February 1, 2017, to verify the said news and to convey the concerns of the judicial officers of minor judiciary.
“At the said meeting His Lordship the Chief Justice informed us that the said appointment was based on a request made by His Excellency the President due to a call by the unofficial bar. We were further informed by his Lordship the Chief Justice that the name of Mr. Rarnanathan Kannan has been recomended for appointment as a Judge of the High Court. On learning the involvement of the Bar Association and the events which led to the recommendation to appoint Mr. Ramanathan Kannan as a High Court Judge, as transpired at the meeting with the His Lordship the Chief Justice, several executive members of the Judicial Service Association have requested to convene an emergency Executive Committee Meeting. As requested by members an exco meeting of the Judicial Service Association was held on February 3, 2017.
“On the said meeting, the executive committee came to be aware that neither the Bar council nor the Executive Committee of the Sri Lanka Bar Association has taken a decision in this regard. The Judicial Service Association has verified the said information from the Sri Lanka Bar Association and it was confirmed that Sri Lanka Bar Association had never taken such decision. “Since it was disclosed that the name of the Sri Lanka Bar Association has been misused in this instance by some elements, the Executive Committee of the Judicial Service Association has decided to inform its displeasure and disapproval to the Sri Lanka Bar Association in this regard and to request the Sri Lanka Bar Association to inform its stance in this regard and to take necessary steps to rectify the situation created by the said appointment. Further the Judicial Service Association has decided to refrain from functioning as the presiding officers in upcoming election of the Sri Lanka Bar Association in the event it fails to take the necessary steps.
Since it transpired that the recommendations were obtained by some elements by misleading and by misrepresenting facts to your Lordship the Chief Justice, in this regard, the Executive Committee of the Judicial Service Association has decided to request your Lordship the Chief Justice and other Honourable members of the Judicial Service Commission to reconsider the above recommendation to appoint Mr. Ramanathan Kannan as a High Court Judge. Further the Judicial Service Association requests your lordships to recommend the removal of the said officer to His Excellency the President by virtue of Article 111(2)(b) of the Constitution, since the said appointment was made on the misrepresentation of the facts.”