Feb 17, 2019

Appeal Court is not valid! – A litigation against the President!! Featured

The Ravaya has reported that a fundamental rights case against the president is being filed expeditiously by some lawyers and civil society organizations as President’s nomination to appoint Deepali Wijesundera as the Chairman of the Court of Appeal has been rejected by the Constitutional Council and a person for the position yet to be recommended.

In order for the Court of Appeal to be valid, it should have six to eleven members including the President of the Court of Appeal under article 137 of the constitution and before appointing an acting a Chairman for  the Court of Appeal by the President there needs to be a permanent office-bearer in the position as per the law.

The 'Lawyers for Democracy' organization has also issued a statement regarding the crisis between the President and the Legislative Council as well as the crisis in the Appeal Court.

The Chairman of the Court of Appeal was appointed by the President for a two-week period on January 09 and again appointed her as the acting chairman on January 24 without the consent of the Constitutional Council.

It is also stated that the appointment of a judge as the acting chairman of the Court of Appeal once for 14 days and again for another 14 days exceeds the power of the Constitution.

 A corrupt institution!

Meanwhile, Parliamentarian Wijedasa Rajapaksa had written to the President with a copy to the Speaker and convening a press conference saying that the Legislative Council is carrying out political vengeance and it is a corrupt institution.

In his letter it is highlighted that some incidents for example, Suhada Gamlath not being appointed as the post of Attorney General , not  allowing S.M. Wickremasinghe to be the IGP, not letting Deepali Wijesundera to be promoted to the Supreme Court or not being appointed as the Chairman of the Court of Appeal, not giving post of Chief Justice to Eva Wanasundara and not giving promotion to Kusala Sarojini Weerawardena to the Appeal Court and not appointing A.A. Heyyanthuduwa, Manilal Waidyathilaka and Aruna Ranasinghe as judged of the Court of Appeal.

Presidential Counsel J.C. Weliamuna Weliamuna said that no one has questioned the appointments made by the Constitutional Council, so far.

He also noted that making appointments by both the President and the Constitutional Council is a progressive step as the appointments were solely done by the President previously.

Judges to sue

In the meantime, the Sunday Mawbima newspaper reported that three senior judges are going to sue in the Supreme Court soon claiming that their human rights have been violated by depriving them to be promoted to high office positions due to arbitrary actions by the Constitutional Council.

They are to file legal action against the Council against nomination some individuals for senior posts in the judiciary sector who have not completed due qualifications and that they have been unfairly treated without any reason whatsoever.