Appointing officials of the Attorney General's (AG) Department to Apex Courts (Court of Appeal and Supreme Court – SC) as Judges would not undermine the Judiciary but rather enhance it, said retired SC Judge, Justice Shiranee Tilakawardane.

She made these remarks while speaking to The Daily Morning, amidst long-standing criticism from certain parties in the legal profession regarding officers from the AG's Department being appointed to the Apex Courts as Judges over career judges.

Justice Tilakawardane stated that officials of the department are given the opportunity to serve across the country from the early stages of their careers as State Counsels, and they appear before all levels of the Judiciary as the prosecuting party. “This question is very important and must be addressed with care. I personally don’t see any negative impact on the development and efficiency of the Judiciary. Rather, it enhances the Judiciary, as officers of the Department bring a wealth of experience. We know that they play a significant role in the Apex Courts in particular, as most matters heard in these Courts are Fundamental Rights applications, public law, and constitutional matters, all areas in which these officers have considerable experience,” she said.

Speaking further, she noted that it has been a long-standing trend to appoint officers of the department to the Judiciary, and that therefore, certain misconceptions about this practice could negatively affect the work of such officers once appointed as judges. “Furthermore, the late SC Justice Dr. A.R.B. Amerasinghe, in his book on Judicial Ethics, has clearly set out the names of the judges from the time of Independence. It clearly shows that appointments to the appellate courts have always included judges from the official bar (the AG’s Department), the unofficial bar, and the Judiciary. To claim otherwise is to go against recorded history and distort the narrative,” she added.

This topic has been discussed for many decades, and recently, the Judicial Service Association (JSA) raised concerns over the appointment of a Senior State Counsel as a High Court Judge by then President Ranil Wickremesinghe. Following the appointment, the JSA criticised the emerging trend, while the Legal Officers' Association praised the move, highlighting the broad experience gained by officers of the Department in both civil and criminal courts, as well as in the appellate courts, and their exposure to high-profile litigation.