Chief Justice Jayantha Jayasuriya has responded to allegations by Justice Minister Wijeyadasa Rajapakshe, clarifying that five judges nominated to the Court of Appeal have yet to be appointed, despite no legal obstacles according to a Supreme Court injunction order.
In a letter to Speaker Mahinda Yapa Abeywardene, the Chief Justice noted that one vacancy in the Supreme Court could have been filled prior to the April 30, 2024 injunction order. He highlighted vacancies occurring on November 15, 2023, and March 1, 2024, respectively.
The Chief Justice emphasized that the injunction order does not prevent the appointment of the five Court of Appeal judges, which has not yet occurred. He stressed the collective responsibility to uphold the independence of the legislature and judiciary as mandated by the Constitution.
Regarding allegations made by the Justice Minister in Parliament on June 19, 2024, and a subsequent complaint to the Speaker, the Chief Justice, also Chairman of the Judicial Services Commission (JSC), criticized the Minister for criticizing the JSC's actions based solely on unconfirmed information.
The Chief Justice's letter further detailed challenges faced by the JSC Secretariat, including operating in temporary premises since 2017 and being understaffed, which impacts their ability to conduct investigations effectively.
It was clarified that no funds have been allocated for recruiting 1,500 vacant judicial positions for 2024 and 2025. The JSC has initiated investigations into various allegations, such as issues related to power supply at the Mount Lavinia District Court's official residence and administrative matters at the Colombo Chief Magistrate's Court.
The Chief Justice concluded by stressing the importance of acting with restraint and respecting the rule of law for the welfare of the public.
