The Lawyers’ Collective has raised concerns over the government’s decision to appoint retired judges, especially of the Superior Courts, to positions in both the public and private sectors.

Issuing a statement, the Lawyers’ Collective said the appointment of retired judges, especially of the Superior Courts, to positions in both the public and private sectors has been a matter of concern to the legal community and the general public in Sri Lanka and elsewhere. 

Post-retirement appointments of judges create a cloud over the sanctity of their judgements, irrespective of their merits. They also tend to undermine public faith in judicial independence. It is worse when an appointment is made immediately after retirement.

This is not to say that the valuable experience and insights acquired by judges should be wasted after retirement. The country must make good use of their knowledge in a manner that does not raise the suspicion that they were not impartial during their tenure, it said. 

The Lawyers’ Collective further said there can be no objection to retired judges being appointed as members or Chairpersons of constitutional commissions, Commissions of Inquiry or institutions such as the Law Commission of Sri Lanka, provided they are appointed through mechanisms such as the Constitutional Council, which ensures a national consensus on appointments. Their expertise could also be used in legal education and training of judges and lawyers.

The Lawyers Collective has proposed that retirement benefits for judges of the Superior Courts should be equivalent to the emoluments and benefits of judges in service. 

They should not perform any function that would bring them monetary gain, advantage, or benefit except as permitted by the Constitution or written law. These matters should be regulated by constitutional or statutory provisions, it added.

The statement was signed by Rienzie Arsecularatne, President’s Counsel, Dr. Jayampathy Wickramaratne, President’s Counsel, Professor Savitri Goonesekere, Attorney-at-Law, M.A. Sumanthiran, President’s Counsel, Geoffrey Alagaratnam, President’s Counsel, Saliya Pieris, President’s Counsel, S.T. Jayanaga, President’s Counsel, Professor Deepika Udagama, Rev. Fr. Noel Dias, Attorney-at-Law, K.W. Janaranjana, Attorney-at-Law, Srinath Perera, Attorney-at-law, Ermiza Tegal, Attorney-at-Law, Darshana Kuruppu, Attorney-at-Law, Manoj Nanayakkara, Attorney-at-Law, Amila Egodamahawatte, Attorney-at-Law and Jayantha Dehiaththage, Attorney-at-Law. (Newswire)

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The Lawyers’ Collective has reiterated its call on voters to exercise their vote to strengthen democratic governance, the rule of law, and the independence of the judiciary. 

Issuing a statement, the Lawyers’ Collective has drawn its attention of voters to the following:

On voting:

• All voters have a right to cast their vote for the particular candidate of their choice as President. Voters may mark “X” or “1” against the name of their choice. If a voter marks “X”, no second or third preferences can be marked.
• All voters also have a right to cast their second and third preferences for two other candidates of their choice. If voters choose to mark second and/or third preferences. Second and/or third preference may be marked by marking “2” or “3” against the names of those other candidates.

On counting votes:

• A President may be elected on the first count, if one candidate receives 50% plus one vote of the valid votes cast, that candidate will win the Presidential Election.

OR

• A President may be elected on the second count, if no candidate reaches 50% plus one vote of the valid votes cast, thereafter:
• Except for the first two candidates, all others are eliminated; 
• Of all the eliminated votes, the ballot papers   containing second, or second and third preferences are scrutinized;
• If the second preference is for one of the two top candidates, it is counted as a vote for that candidate. If the second preference is for an eliminated candidate but the third preference is for one of the two top candidates, it is counted as a vote for that top candidate.
• The ultimate winner will be the person who obtains the highest number of votes in the final count. 

The Lawyers’ Collective notes that at an election, which for the first time has witnessed the emergence of more than two candidates as front-runners, voters may consider not only marking “1” on their ballot paper against the candidate of their choice but also marking “2” and “3” for two other candidates of their choice. 

However, the Lawyers’ Collective said the casting of the second and third preferences by voters is not a must, and it is entirely up to the voter to decide whether or not to mark a second or third preference. (Newswire)

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The Lawyers’ Collective has called on President Ranil Wickremesinghe to immediately terminate the appointment of Deshabandu Tennakoon as the Acting Inspector General of Police (IGP) in view of the recent Supreme Court judgment on the violation of fundamental rights.

Issuing a statement, the Lawyers’ Collective pointed out that the Supreme Court has held four Police Officers, including Deshabandu Tennakoon, responsible for the violation of the fundamental rights of an individual at the Mirihana Police Station in 2011. 

The Lawyers’ Collective has also urged the President to refer the Supreme Court judgment to the Attorney General to consider without delay charging these police officers with the serious criminal offence of torture, particularly in view of the preservation of evidence in imminent prosecutions and also refer the judgment to the National Police Commission for action. 

“A failure to act amounts to a daily reminder to the public that you will not implement a judgment of the highest court of the country which has exercised the judicial power of the People under our Constitution. Urgent action is a matter of national importance,” it added. (NewsWire)

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