JSA opposes appointment of two nominees to High Court

The Judicial Service Association of Sri Lanka (JSA) has opposed the proposition to appoint Deputy Secretary General of Parliament, Tikiri Jayathilaka, and another officer of the Attorney General’s Department, to the High Court.

Issuing a statement, the JSA has expressed discontent over the proposal made by President Ranil Wickremesinghe.

The JSA pointed out that the assuming of duties as the Deputy Secretary General of Parliament has resulted in Tikiri Jayathilaka being disqualified to reassume duties as a member of the judiciary at any future stage.

The full text of the JSA letter to President Wickremesinghe: The Judicial Service Association (JSA) represents the judges of the Magistrate’s Courts and the District Courts across the island,The JSA has learnt that four names are proposed for the imminent appointments to the High Court. It has further learnt that these names include Mr. Tikiri Jayathilaka, currently serving as the Deputy Secretary General of the Parliament, and another officer from the Attorney General’s Department.

The JSA expresses hereby its profound discontent with regard to these proposed names on the following grounds.

Mr. Jayathilaka previously served as a Magistrate, since 2006, until he resigned to take over his appointment as an Assistant Secretary of the Parliament. His request to assign him to the parliamentary staff,as a secondment, was refused by the Judicial Service Commission (JSC), for apparent reasons.

As such, his exposure to a non-legal institution was deemed to be a disqualification to reassume duties as a member of the judiciary, at any future stage. Consequently, his candidacy to re-enter the judiciary is quite contrary to the prior JSC decision that has already been taken concerning Mr. Jayathilake’s reoccupation in the judiciary.

In terms of Article 111(2)(a) of the Constitution, the President is vested with the power to appoint Judges to the High Court on the recommendation of the JSC. However, in this instance, there exists a decision made by the JSC preventing his admission to the Judiciary from Parliament, Accordingly, his admission to the High Court is a circumvention of a previous JSC decision that is unfavourable to him. The recommendation of the JSC under certain circumstances at this stage despite its previous decision cannot validate or substantiate his re-entering the judiciary.

The JSA is of the view that this endeavour results in detriment to the independence of the judiciary, especially the Independence of the judges of the trial courts.

The JSA has also known that the officer from the Attorney General’s Department is a far junior officer compared to the judicial officers who are next in line in judicial seniority.

It is a known fact that for most or the career judges, the appointment to the High Court has become the only career prospect. As such, this situation has resulted in frustration and disappointment among the judicial officers who serve throughout the country for years.

Therefore, the JSA requests His Excellency the President to refrain from appointing Mr. Jayathilaka to the High Court and consider the seniority when an officer from the Attorney General’s Department is appointed to the High Court.

The JSA believes that Your Excellency may pay immediate and close attention to this issue concerning the functioning of the judiciary without interference.