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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