Honourable action from your honours, please!

Twelve out of 14 judges of the Court of Appeal did not attend the ceremonial sitting to welcome the newly appointed Judge of the Supreme Court, Justice K. Sripavan, according to the lead story in this issue.

The legal fraternity is divided in the terminology, with some calling it a boycott, some others excusing the “surprising absence” and yet others intrigued by the unprecedented move “in bad taste.”

The move appears irrational and illogical as Justice Sripavan was also a signatory to a recent joint appeal made by the very same Court of Appeal judges to the President and channelled through Chief Justice Sarath N. Silva.

“It has been the inveterate practice for the President, Court of Appeal, to be appointed as a Judge of the Supreme Court and the most senior Judge of the Court of Appeal to be appointed as President, Court of Appeal,” stated the appeal.

Justice Sripavan, who was the President of the Court of Appeal, in accordance with the appeal, was appointed a Supreme Court judge with the retirement of Justice Nihal Jayasinghe. Justice Chandra Ekanayake, being the senior most judge of this court, replaced him as President of the Court of Appeal, accordingly.

Previously, too, there was a seniority issue between two current judges of the Supreme Court, Justices Gamini Ameratunga and Saleem Marsoof, when the latter was appointed Court of Appeal President, even as the former was a judge of this court. Notwithstanding the complaint made by Justice Ameratunga, he graciously attended the ceremonial sitting of the new President of the Court of Appeal at that time. The matter was later rectified.

Justices Anil Gooneratne and L.K. Wimalachandra of the Court of Appeal have acted, wisely in shunning the herd instinct, to exercise the right to dissent by participating at this ceremonial sitting yesterday. The majority decision may not always be the morally right decision, as this instance has demonstrated.

It was only recently that the Chief Justice admonished teachers who stayed away from school. He said kids who absent themselves on the pretext of illness were given cuts and likewise teachers should also be punished and would not hesitate to do so.

Trade union action or any form of collective bargaining must be in keeping with one’s profession. Judges, doctors, teachers and members of certain professions cannot act like blue collar workers. There is an accepted decorum by which they conduct themselves.

As aspirants to the highest court, which determines the constitutionality and legality of actions, they must be aware that the Executive President has the sole discretion in making appointments to the superior courts, while precedence is an accepted principle and case law is cited in legal arguments and considered in judicial determinations.

If these judges are insisting on career judges to fill Superior Courts vacancies, which should not be given to “outsiders”, they should be reminded that Neville Samarakoon, from the private bar, was made the Chief Justice and the incumbent Chief Justice, Sarath N. Silva, came from the official bar, the Attorney General’s Department, from where Justices Raja Wanasundera, S.W. Wadugodapitiya, M.B. Kulatunga, Priyantha Perera, Asoka de Z. Gunawardene, Hector Yapa, Asoka de Silva, Nihal Jayasinghe, and K. Sripavan, they became judges of the Superior Courts.

Honourable action is what is expected from your honours, please!

BACK TO HOME