UNP has forgotten the past - Chief Government Whip

Uditha Kumarasinghe, Irangika Range and Sandasen Marasinghe

Chief Government Whip Minister, Jeyaraj Fernandopulle yesterday told Parliament that it was the UNP which first appointed lawyers as judges to the Supreme Court and the Appeal Court. It is regrettable that the UNP has forgotten the past.

Responding to a privilege issue moved by UNP MP Lakshman Kiriella regarding the Government’s attempt to appoint a person who is not presently a member of the Court of Appeal, as the President of the Court of Appeal, Fernandopulle said the late President J. R. Jayewardene appointed Neville Samarakoon as the Chief Justice in 1978 while he was functioning as a lawyer. He said Samarakoon appeared for Jayewardene who filed a court case against Lake House.

Fernandopulle said Attorney-at-Law Mark Fernando was appointed to the Supreme Court. H. Rodrigo and Victor Perera who were functioning as lawyers were appointed as Supreme Court Judges.

“Today we are trying to appoint the Additional Solicitor General as a Justice of the Appeal Court. Chief Justice Sarath N. Silva was also an Attorney General.

UNP MP Kiriella said the Government was trying to appoint a person who is not a member of the Court of Appeal as the President of the Court of Appeal.

It has also been reported that all judges of the Court of Appeal have petitioned in this regard. He said the appointment of the President of the Court of Appeal and other Judges needs the approval of the Constitutional Council, consisting of the Speaker, Prime Minister and the Leader of the Opposition.

He said that the Constitutional Council is however not in place and is unable to function. These types of appointments will necessarily bypass a required constitutional procedure.

Therefore, any appointment outside the procedures laid down in the 17th Amendment will be in contempt of and a breach of the privileges of Parliament.

UNP MP John Amaratunga said it is clearly mentioned in the 17th Amendment, that if the Constitutional Council makes a recommendation, the President has to appoint that person. The Government should appoint the Constitutional Council as soon as possible.

UNP MP Joseph Micheal Perera said that the Judiciary should be independent. We should not violate the 17th Amendment. The Government should not destroy the democratic system. This crisis will not be pardoned by the people.

Opposition Leader Ranil Wickremasinghe said the approval of Parliament is necessary for these appointments.

The Prime Minister, Speaker and I have already sent the list of nominees to the CC. Why don’t you take necessary action on it?