Amendment to judges’ retirement age poses serious impact on judicial independence

A serious impact on the independence of the judiciary arises from the proposed amendment to extend the retirement age of judges, and this does not represent an urgent requirement to improve the current system, stressed the Bar Association of Sri Lanka (BASL).

The BASL pointed this out today during a meeting with President Anura Kumara Dissanayake.

The delegation from the BASL requested the President not to proceed with the proposed amendment at this juncture, as numerous other important and urgent matters require the attention of the government.

A 20-member delegation, including BASL President Attorney-at-Law Rajeev Amarasuriya and other officials, met the President at the Presidential Secretariat this afternoon. Minister of Justice Harshana Nanayakkara and Presidential Legal Advisor J. M. Wijebandara also participated in the meeting.

BASL President Rajeev Amarasuriya, Deputy President President's Counsel Rienzie Arsecularatne, Senior Professor Savitri Goonesekere, and former Presidents Geoffrey Alagaratnam and Upul Jayasuriya expressed their views during the discussion.

Professor Savitri Goonesekere specifically clarified that the concept of the separation of powers, the independence of the judiciary, and the tenure of judges, as a pillar of democracy, differ from extensions of tenure in other sectors of the public service.

The President explained the position of the government regarding the proposal, while the BASL suggested that a proper and meaningful consultative process should commence, encompassing lawyers, judges, academia, and other stakeholders. Furthermore, the delegation proposed that this matter be referred to a Parliamentary Select Committee for consideration.

The delegation participating at the discussion included BASL President Attorney-at-Law Rajeev Amarasuriya, Deputy President President's Counsel Rienzie Arsecularatne, Secretary Attorney-at-Law Nalin De Silva, Treasurer Attorney-at-Law Pasindu Silva, and former BASL Presidents President's Counsel Geoffrey Alagaratnam, President's Counsel Upul Jayasuriya, and President's Counsel U. R. De Silva. Senior members Professor Savitri Goonesekere and Attorney-at-Law Lal Wijenayake attended, along with President's Counsel Mahinda Wijesurendra, Attorney-at-Law T. Jayanaga, and Attorney-at-Law A. P. G. Sarathchandra. Regional Vice Presidents President's Counsel Upali Mohotti, Attorney-at-Law Sandun Nagahawatta, Attorney-at-Law A. L. Nazeer, Attorney-at-Law Chandima Wijeratne, and Attorney-at-Law Ruwan Asiri De Silva also took part, alongside Attorney-at-Law Sunil Weerakoon, Jaffna Bar Association President Attorney-at-Law B. Thavapalan, and senior member Attorney-at-Law Nalani Manatunga.