• Reservations purportedly sent in writing to Prez 

The Mahanayaka (Chief Prelate) of the Malwathu Chapter of the Siam Sect, Ven. Thibbotuwawe Sri Siddhartha Sumangala Thera has informed President of the Bar Association of Sri Lanka (BASL), Rajeev Amarasuriya, that the Chief Prelates of the three Buddhist Sects (Amarapura, Ramanna and Siam) have written to the President stating that the proposed constitutional amendment aimed at extending the retirement age of judges is not suitable.

Sumangala Thera has also suggested that if the Government proceeds with its proposal to increase the retirement age of judges, similar extensions should also be granted to other categories of public officials, including Divisional Secretaries and District Secretaries. He made the remarks when Justice Minister, attorney Harshana Nanayakkara and Health Minister Dr. Nalinda Jayatissa called on the Chief Prelates in Kandy yesterday (3) to brief them on the Government's proposed constitutional amendment to increase the retirement age of judges. "If this increase is to be done, it would be good if it is extended to all Government officials as well. Divisional Secretaries, District Secretaries and others should also receive it. They are experienced officers too," the monk said.

Explaining the proposal, Nanayakkara said that many countries allow judges to serve until around the age of 70 and even more, although the Government is not seeking to increase the retirement age to that extent. "In many foreign countries, the retirement age of judges has been increased to around 70 years. We are not planning to increase it that much," he said. He also rejected claims that the proposal would undermine judicial independence. "Judicial independence means that judges must be able to hear cases without fear, based on the evidence before them and in accordance with the law. Neither the Legislature nor anyone else can interfere with that. This amendment is only about extending the period during which judges can continue serving. It is nothing more than that," he said. Nanayakkara further said that the Government is carrying out an in-depth study into judges' salaries and allowances as part of the current Budget process. "If we want judges to continue in service instead of retiring, the position must be attractive to them. We are discussing those matters as well," he said.

Meanwhile, Amarasuriya claimed yesterday that the Chief Prelate of the Malwathu Chapter had informed him that the Chief Prelates of the Malwathu and Asgiri Chapters of the Siam Sect, and the Amarapura and Ramanna Sects had sent a letter to President Anura Kumara Dissanayake stating that the proposed constitutional amendment was inappropriate. Amarasuriya made the remarks while addressing the media after meeting Sumangala Thera. "This Government has no moral right to proceed with this constitutional amendment. A short while ago, the Chief Prelate of the Malwathu Chapter informed us that they had written to the President stating that this constitutional amendment is inappropriate."

When contacted by The Daily Morning regarding the matter, the Secretary of the Supreme Sangha Council of the Asgiri Chapter, Ven. Dr Medagama Dhammananda Thera said that although a letter had been prepared to be sent to the President, he is unsure as to whether it had actually been sent to the President. "A letter was prepared regarding this matter. It was prepared to be sent to the President. I have not checked whether it was sent or not, but, a letter had been drafted."

The Cabinet of Ministers, on 27 July, approved a proposal to increase the retirement age of judges at every level of the Judiciary by two years. Under the proposal, the retirement age of Supreme Court Judges would increase from 65 to 67 years, Court of Appeal Judges from 63 to 65 years, High Court judges from 61 to 63 years, and District Court and Magistrate’s Court judges from 60 to 62 years.