- Flags possible ACA implications of proposed extension
- Decision hinges on outcome of 22A petitions
- Opposition yet to respond on possible complaint
Although the Bar Association of Sri Lanka (BASL) has informed the Supreme Court (SC) that the proposed extension of sitting judges’ tenure could fall within the scope of the Anti-Corruption Act (ACA), the Association is yet to decide whether to lodge a complaint with the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), it is learnt.
When queried by The Daily Morning as to whether the BASL would consider lodging a complaint with CIABOC against the Government’s move, its President, attorney-at-law Rajeev Amarasuriya, said: “We are focusing on the outcome of the Special Determination petitions.”
The Daily Morning attempted to contact Opposition and Samagi Jana Balawegaya (SJB) Leader Sajith Premadasa and SJB National Organiser and Parliamentarian Tissa Attanayake to ascertain whether the Opposition would consider lodging a complaint with CIABOC in light of the BASL’s views. However, there were no responses at the time of publication.
In its Special Determination petition, filed by Amarasuriya and the BASL Secretary challenging the constitutionality of the proposed 22nd Amendment to the Constitution, which seeks to extend the retirement age of Supreme Court and Court of Appeal Judges, the BASL has asked the SC to consider whether the additional two years in office, along with the related salary, privileges and other benefits proposed for sitting judges, could amount to a “gratification” under the ACA, as amended.
The question has been raised because the sitting SC Judges who may hear the challenge to the Bill could themselves benefit from the proposed extension of their tenure.
However, the BASL has not accused any judge of wrongdoing or suggested that any judge has acted improperly. It stated that the relevant provisions of the ACA were brought to the SC’s attention because of the possible effect the situation could have on public confidence in the Judiciary.
Attempts to contact Justice Minister, attorney-at-law Harshana Nanayakkara, proved futile.