JSA passes resolution seeking removal of Judge R. Kannan

Five resolutions including the removal of High Court Judge Ramanathan Kannan from his office have been unanimously adopted by the Judicial Service Association (JSA).

The decision was taken during a general assembly of the JSA, it was reported.

Earlier, the JSA had apprised the Judicial Service Commission (JSC) that the certain appointment would open the doors for the appointment of judges in a bid to achieve a personal gain or political leverage. It had also pointed out that use of the name of the Bar Association of Sri Lanka by certain individuals to represent the whole organization, the improper mechanism used for the appointment were also among the points that had been considered.

The JSA further states it has been recognized as illegal, the decision of Ramanathan Kannan to continue functioning as a High Court Judge, under the circumstances. The JSA further states this appointment has posed a threat to the independence of the judiciary and says it is of the view that this appointment is unconstitutional.

Resolutions adopted and approved unanimously at the Emergency General meeting held on the 1st of April 2017.

1. According to the decision of the Judicial Service Commission dated 23.02.2017 and the letter dated 17.02.2017 of the Secretary of the Sri Lanka Bar Association, the recommendation made by Judicial Service Commission for the appointment of Mr Ramanathan Kannan has no force or avail in law and thereby the appointment of Mr Ramanathan Kannan is an appointment having no force or avail in law. In this context Judicial Service Association respectfully request His Excellency the president to remove Mr. Ramanathan Kannan from the position of the High Court Judge.

2. Since the appointment of Mr Ramanathan Kannan is an appointment having no force or avail in law, Judicial Service Association respectfully request the Judicial Service Commission to recommend His Excellency the President to remove Mr. Ramanathan Kannan from the position of the High Court Judge.

3. Since the appointment of Mr Ramanathan Kannan has no force or avail in law, judicial Service Association respectfully request the judicial Service Commission to consider not to allow Mr Ramanathan Kannan to function as High Court Judge till he is removed from the said position by His Excellency the President.

4. As stated in the 1st to 3 rd resolutions, we the members of Judicial Service Association strongly believe that the independence of the judiciary guaranteed by the constitution of the Democratic Socialist Republic of Sri Lanka has been violated and we the members of the association request His Excellency the President of Sri Lanka and Honorable Judicial Service Commission to restore and uphold the integrity and independence of the judiciary.

5. Appointment of Judges for High Court from unofficial Bar undermines the knowledge , experience and sacrifices made by the District Judges and Magistrates who work under immense pressures and difficulties for long periods of time in difficult areas during their career. Therefore we intend to respectfully request the Judicial Service Commission to refrain from recommending nominations submitted to them from the unofficial bar for appointing High Court Judges directly in future.