Private lawyers as judges: BASL says‘no’

The Bar Association of Sri Lanka has unanimously rejected a move by the Colombo Law Society to call on the President to appoint members of the “unofficial bar” as judges of High Courts, the Court of Appeal and the Supreme Court.

The Council of the BASL took the decision after the Society informed it that the resolution itself was being “kept in suspense” by the Law Society. A BASL spokesperson said yesterday, “We were informed that they (the Society) were not proceeding with the resolution. We rejected it because ‘keeping it in suspense’ is not a position acceptable to us.”

The Council’s decision came in the backdrop of a three-page statement issued by the Judicial Service Commission last Tuesday. The JSC said there was “baseless criticism on the JSC and in general on the judiciary by the electronic and print media. The main objective of those behind the conspiracy of those trying to undermine the JSC and the judiciary is destroying the independence of the judiciary and the rule of law.” It added that the JSC had been subjected to threats and intimidation from persons of various status.

The Bar Council also decided yesterday to appoint a panel of eminent lawyers to study whether contempt proceedings could be initiated against any persons or media institutions for making degrading statements amounting to contempt of the JSC. This was for making derogatory remarks against the Chief Justice and two other Judges of the Supreme Court. The Council resolved to meet with JSC officials to verify the nature of these influences and the “unwarranted criticisms” on the JSC.

Bar Council member Upul Jayasuriya said that when the Mannar Court complex came under attack, the BASL condemned it, boycotted the courts for one day and even initiated contempt proceedings against the offenders.

“When the JSC is under pressure from the Executive, the independence of the judiciary is compromised,” Mr. Jayasuriya said. calling for legal action against persons or media institutions that had made offensive statements against the JSC.

Attorney Saliya Pieris said the BASL should express its solidarity with the JSC to safeguard the independence of the judiciary.