A fundamental rights petition has been filed before the Supreme Court asking for an order to suspend the implementation of a decision taken by the Constitutional Council to call for a report from the Chief Justice regarding certain judges of the Court of Appeal.
The petition has shown that the Constitutional Council has taken this decision against the backdrop of the president nominating those judges for appointment to the Supreme Court and the Court of Appeal.
Prime Minister Dinesh Gunawardena, Speaker Mahinda Yapa Abeywardena, Opposition Leader Sajith Premadasa and several members of the Constitutional Council have been named as respondents in the petition.
The petition has alleged that on November 14, the Constitutional Council has submitted a questionnaire to the Chief Justice regarding certain judges of the Court of Appeal.
The petitioners claim that the questionnaire referred to the Chief Justice by the Constitutional Council was one that had not submitted before. It is a grave violation of the process of administration of justice and thereby violates the fundamental rights of the petitioner and the rights of the citizens, the petition said.
The petitioners point out that Article 41C (1) of the Constitution establishes a mandatory procedure for making appointments to certain high posts including judges of the Supreme Court and the Court of Appeal. It is said that the content of the questionnaire submitted to the Chief Justice blatantly undermines the independence of the judiciary.