22A: BASL suggests CJ recuse himself from hearing petitions

The Bar Association of Sri Lanka (BASL) has urged Chief Justice Preethi Padman Surasena to recuse himself from hearing petitions challenging the 22nd Amendment to the Constitution, which aims to extend the retirement ages of superior court judges. The petition, filed in the Supreme Court yesterday (24), was initiated by BASL President Rajeev Amarasuriya and BASL Secretary Nalin de Silva.

They argue that the Attorney General should be cited as the respondent in the motion, under Articles 120 and 121 of the Constitution. The BASL seeks a determination on whether the Bill, titled "Twenty Second Amendment to the Constitution," or any part thereof, must be passed by a referendum under Article 83 of the Constitution. BASL points out that the first Supreme Court judge to benefit from the Bill's enactment without a referendum would be the Chief Justice himself.

Additionally, BASL notes that if a referendum becomes necessary, there might be a chance that the Chief Justice could retire before the process is concluded. The association believes that if the Chief Justice wishes to recuse himself from the case, he should appoint a Bench consisting of all other Supreme Court judges. This recommendation comes shortly after the government presented the 22nd Amendment Bill in Parliament on August 18.