BASL seeks meeting with President to discuss PC appointments

Saturday, 6 July 2019 01:03 - - {{hitsCtrl.values.hits}}

Bar Association of Sri Lanka (BASL) President Kalinga Indatissa PC yesterday sought a meeting with President Maithripala Sirisena to discuss concerns within the legal fraternity about the manner in which the President’s Counsel are being appointed.

In the two-page letter, Indatissa explained in length why there are growing concerns that ad hoc appointment of PCs, some based on recommendation of politicians, is causing harm to the dignity of the legal profession.

The BASL President said its executive committee notes that President’s Counsel cannot be appointed in the same manner in which public officials are appointed.

“Such appointments cannot be done annually biannually or every trimester. Such appointments should not be made on the recommendations of MPs, ministers or based on other considerations. Those appointed have to be attorneys-at-law who have reached eminence in the profession and have maintained high standards of conduct and professional rectitude,” the BASL President said.

Indatissa said that the Chief Justice, the Attorney General as well as the BASL can assist the President to prepare the criteria on which appointments can be made so that the dignity of the legal profession can be upheld.

“When I took over as the President of the BASL in March this year, I brought the matter to the notice of the President as well. There is growing disquiet among those in the legal profession about the ad hoc manner in which such appointments are being made lately,” Indatissa said.

He pointed out that the present judicial system and the legal professional which started in 1801 is now 218 years old and has a proud history and is the only profession which is recognised by the Constitution.

The appointment of President’s Counsel is keeping with the Britain’s tradition which began in 1603 when Sir Francis Bacon became the first recipient of the Queen's Counsel designation. In Sir Lanka, Sir Frederick Dornhorst was the first recipient in 1903 of the prestigious title along with Ponnambalam Ramanathan and Thomas De Sampayo.

Indatissa added that with the introduction of the 1978 Constitution, the President was constitutionally empowered to ‘appoint as President’s Counsel, attorneys-at-law who have reached eminence in the profession and have maintained high standards of conduct and professional rectitude’. (CK)