SC refuses interim order on Judges appointments

The Supreme Court today refused interim relief in an application filed by President’s Counsel Senaka Walgampaya seeking an Order from the Supreme Court compelling the President to appoint judges to fill the existing vacancies in the Court Of Appeal.

The Petitioner moved court stating that his rights in terms of Article 12 (1) and 14 (1) (g) have been violated by the failure of the President to fill the five existing vacancies in the Court of Appeal. The Petitioner sought an interim order from the Supreme Court compelling the President to appoint judges to the Court of Appeal.

Deputy Solicitor General Kanishka de Silva Balapatabendi appearing for the Attorney General, representing the President and a majority of the members of the Constitutional Council submitted that in terms of Article 137 the Constitution provides that the Court of Appeal is validly constituted so long as it consists of the President of the Court of Appeal and not less than six and not more that nineteen other judges who shall be appointed as provided in Article 107.

It was submitted the DSG Kanishka De Silva Balapatabendi that the Court of Appeal currently consists of fourteen judges and therefore there is no violation of the constitution which would give rise to a violation of fundamental rights.

The Bench comprising Justice Padman Surasena and Justice Janak de Silva refused to grant interim relief as sought and granted leave to proceed with the Application and fixed the matter for Hearing on the 27^th of November 2024.