CLA questions non-inclusion of senior judges on five-member SC bench hearing 22A petitions

The Commonwealth Lawyers Association (CLA) has raised concerns over the composition of a five-member Supreme Court bench hearing petitions against the 22nd Amendment to the Constitution. Among the issues highlighted by CLA President Steven Thiru is the absence of the four most senior judges on the bench. The bench, comprising Chief Justice Preethi Padman Surasena and Justices Yasantha Kodagoda, A.H.M.

D. Nawaz, Shiran Gooneratne, and Janak de Silva, excluded Justice Yasantha Kodagoda, A.H.M. D. Nawaz, Shiran Gooneratne, and Janak de Silva, who are the four senior-most judges immediately below Justice Achala Wengappuli.

The CLA raised two main concerns: the first being the denial of an application for the recusal of the Chief Justice, claiming a conflict of interest as the Chief Justice would benefit most from the proposed amendment. The second concern is the refusal to hear the petitions by a full bench, including all sitting Supreme Court judges. The CLA argued that the Chief Justice's authority to form benches must adhere to constitutional principles, and full benches are typically formed in critical constitutional matters.

The third concern raised by the CLA is the refusal to grant oral submissions by the Petitioners following the Interveners and Respondent's oral submissions. However, the Petitioners were permitted to submit written responses. Lastly, Steven Thiru disclosed that he was not granted an opportunity to meet the Justice and National Integration Minister Harshana Nanayakkara and the Ministry Secretary Ayesha Jinasena during his visit to observe the proceedings challenging the constitutionality of the proposed 22nd Amendment to Sri Lanka's Constitution.