
The Bar Association of Sri Lanka (BASL) has raised concerns over the process of promotions of Judicial Officers, Judges of the High Court and the Court of Appeal in Sri Lanka, drawing President Anura Kumara Dissanayake’s attention to the matter.
In a letter addressed to the President, BASL pointed out that traditionally, promotions within the Judiciary have been granted on the basis of seniority, but in the recent past, however, there have been occasions where this principle has been departed from.
If seniority has been overlooked on the basis of merit, it is observed, presently there are no clear or established guidelines governing the assessment of merit in granting such promotions in the Judiciary. This absence of transparent criteria risks undermining the fairness and consistency of the process, it warned.
The BASL further emphasized the importance of a transparent and fair system in the granting of promotions and appointments in the Judiciary. Such a system is vital to maintaining public confidence in the Judiciary and ensuring that the administration of justice remains impartial and credible.
The BASL stressed that promotions must continue to be made on the basis of seniority, in keeping with the longstanding practice, until such time as there are objective and defensible guidelines governing the assessment of merit.
Accordingly, seniority may only be disregarded where there exists a specific and recognized demerit in respect of the particular Judge concerned or such other known compelling circumstances that are objectively identifiable. This approach will safeguard both the integrity of the Judiciary and the trust reposed in it by the public, it pointed out.
As such, the BASL requested President Anura Kumara Dissanayake to take these considerations into account when deciding upon future promotions in the Judiciary. (Newswire)
