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Lawyers as presiding officers at BASL polls
The poll will now be held on March 15. Three candidates- Anura B. Maddegoda, U.R. de Silva and R. Thangaraja- are contesting the post of BASL President.
The BASL constitution had earlier read: “The District Judge of the relevant judicial district or, in his absence, any Additional District Judge or, any Magistrate of such judicial district or, any person acting in such office at such time, shall be responsible for the conduct of the election at the respective election centres and for the counting of the ballots cast at the said election. They shall be referred to hereafter as POs.”
However, the BASL was compelled to postpone its election scheduled for February 21, consequent to the JSA’s decision to refrain from acting as POs. Yesterday, the BASL constitution was changed to allow Lawyers to step in as POs, if a judge, for some reason, refuses to take part. The decision was unanimous.
R. Kannan was made HCJ, reportedly, on the BASL’s recommendation. The JSA has urged the authorities to rescind the appointment on the basis it was done outside accepted norms. Sources were cited as saying the JSA would not cooperate with the BASL, until President Maithripala Sirisena and the Judicial Services Commission (JSC) acted.
BASL President Geoffrey Alagaratnam issued a statement this week saying, Lawyers had made representations to both the Bar Council and the Executive Committee about an “acute shortage” of Tamil-speaking HCJs in the North and East. This was taken up several times at regular Bench and Bar meetings between BASL representatives, the Chief Justice (CJ) and JSC members.
“At these meetings, it was indicated there was a serious shortage of Tamil-speaking career Judges, sufficiently senior, to be promoted to the HC and that, even the Attorney General’s Dept was unwilling to release its officers conversant in the Tamil language, for such appointments, due to its heavy reliance on its very few Tamil officers,” Mr Alagaratnam said.
“Consequently, it was suggested by His Lordship that, if members of the Unofficial Bar, even from the Northern and Eastern Provinces, were willing to give up their practice and offer themselves for such appointment, the same will be considered, and that, they could be posted outside the Province of their practice,” he continued.
Mr Alagaratnam confirms that he forwarded Mr Kannan’s application (“as directed by His Lordship the CJ”) to President Sirisena who is the appointing authority, for consideration, with copies to the CJ and the Minister of Justice.
“To the best of my recollection, there was never any concern or reservation communicated to the undersigned by the Presidential Secretariat or, any other party, on the suitability or, otherwise, of Mr Kannan for appointment to the HC,” he says. “Consequently, there was never any appeal or, the need for an appeal by the undersigned or, a delegation of the BASL, on Mr Kannan’s application.”