The Bar Association of Sri Lanka (BASL) has responded to Attorney-at-Law Jagath Abeynayake over concerns he raised regarding recent statements targeting the incumbent Chief Justice amid the debate over extending the retirement age of judges.
In a letter dated August 11, BASL President Rajeev Amarasuriya and Secretary Nalin De Silva expressed concern that Abeynayake’s letter had appeared on social media before the association had an opportunity to formally consider its contents. The BASL also noted that Abeynayake had not attended the Executive Committee meeting at which the matter could have been discussed.
The BASL said the issue surrounding the proposed constitutional amendment had arisen against the backdrop of the incumbent Chief Justice being the next Supreme Court judge due to retire, with retirement scheduled for December 1, 2026.
It noted that six Supreme Court judges, including two Chief Justices, had retired since the present government assumed office without proposals being made at those times to extend their tenures.
According to the BASL, the timing of the current proposal had “inevitably” generated public speculation that the amendment could enable the incumbent Chief Justice to remain in office for a further period. It also said the unusually expedited manner in which the amendment was being pursued had contributed to public discussion and speculation.
However, the BASL stressed that while it could not prevent members of the public, lawyers, commentators or other stakeholders from expressing views on a matter of constitutional and public importance, it did not condone malicious, defamatory or unwarranted personal attacks against any judge.
The association said there was an important distinction between legitimate criticism or public discussion concerning a proposed constitutional amendment and statements that improperly descend into personal attacks on individual members of the judiciary.
The BASL also reiterated that its opposition to the proposed extension of judges’ retirement ages was based on principles concerning judicial independence, the integrity of constitutional processes and maintaining public confidence in the administration of justice.
It said constitutional changes affecting judicial tenure should be approached with the “greatest care, transparency and institutional consultation” and in a manner that does not create room for speculation about their application to particular individuals.
The BASL invited Abeynayake, who is a member of its Executive Committee, to engage with the issue through the association’s established institutional processes and said the matters raised could be considered at the next Executive Committee and Bar Council meetings.
The association also referred to Abeynayake as a supporter of the National People’s Power government and a director of a government institution, while stressing that political affiliations should not influence how members engage with the BASL or carry out responsibilities within its governing bodies. (Newswire)
