A 20-member delegation of the Bar Association of Sri Lanka (BASL), has met with the President Anura Kumara Dissanayake, Justice Minister Harshana Nanayakkara and Legal Advisor to the President J.M. Wijebandara this afternoon (12). 

According to a statement issued by the Bar Association of Sri Lanka, the delegation explained to the President the position of the BASL and the reasons for its objection to the proposed constitutional amendment, from the perspective of the affectation independence of the judiciary as well as this not being a priority measure required for improving the system.   

The BASL emphasized that the proposed amendment would have a serious impact on the independence of the Judiciary and that, in the circumstances, the proposed amendment should not be proceeded with. 

It further pointed out that there are several other urgent matters requiring the attention of the Government which must be given priority, the statement said. 

The BASL impressed upon the President that, in view of the concerns raised regarding judicial independence and the absence of a demonstrated need for the proposed amendment to be treated as a priority, the Government should not proceed with the proposed amendment at this stage. 

BASL President Rajeev Amarasuriya, BASL Deputy President Rienzie Arsakularatne, PC, Prof. Savithri Goonasekera, Geoffrey Alagaratnam, PC (Former President BASL), and Upul Jayasuriya (Former President BASL) expressed these views. 

BASL President Rajeev Amarasuriya inviting Prof. Savithri Goonasekera to express her views said that that there was no better person than Prof. Savithri Goonasekera with all her experience in the law, to well explain the matter of affectation to the independence of the judiciary, which she did, commencing from the conceptual basis of the separation of powers, the imperative of independence of the judiciary and the need for the judiciary to have public confidence at all times, the statement said. 

She also drew distinction between extension of tenure in the public sector and extension of tenure of judges who form one pillar of democracy. The President, in turn, explained the Government’s position on this proposal. 

The BASL delegation, led by the President, proposed that a proper and meaningful consultative process be commenced, involving all relevant stakeholders, including the legal profession, Judges, academics and other stakeholders, before the Government decides on further proceeding, BASL stated.

It was also suggested that the matter could possibly be referred to and considered by a Parliamentary Select Committee as part of such a consultative process, it added.