BASL condemns Government’s attempt to undermine SC

• Describes Govt.’s actions in relation to SC order on IGP appointment as a subversion of justice
• Refutes claims SC lacks authority to review Presidential appointments approved by CC, calling such assertions unfounded
• Says decisions of CC and Presidential powers, except for declaring war and peace, are subject to SC’s FR jurisdiction
• Stresses SC decisions cannot be overruled by any other body, including PM or Speaker

The Bar Association of Sri Lanka (BASL) has issued a strong condemnation against the Government for attempting to undermine the Supreme Court’s interim order concerning the appointment of Deshabandu Thennakoon as the Inspector General of Police (IGP).

In a forceful statement over the weekend, the BASL criticised the Government’s actions, emphasising that they amount to a subversion of justice. 

The controversy arose after a three-judge bench of the Supreme Court, having heard all relevant parties, including the Attorney General and counsel for Thennakoon, issued an order granting leave to proceed and an interim order restraining Thennakoon from performing the duties of the IGP until the final determination of the applications. The cases have been scheduled for a hearing on 11 November.

The BASL refuted claims that the Supreme Court lacks the authority to review appointments made by the President and approved by the Constitutional Council, labelling such assertions as entirely unfounded.

The association cited Article 41J of the Constitution, which subjects decisions of the Constitutional Council to the Supreme Court’s Fundamental Rights jurisdiction. Additionally, Article 35 of the Constitution, as amended by the 19th Amendment, subjects Presidential powers to the same jurisdiction, with the sole exception of the power to declare war and peace.

The BASL highlighted precedents where the Supreme Court exercised its jurisdiction over Presidential actions, including quashing Presidential pardons, dissolution of Parliament, and rulings against the President regarding the Easter Sunday attacks. The association referenced the landmark case of Edward Siva v. Dr. Shirani Bandaranaike, where a seven-judge bench upheld the principle that powers of appointment are not absolute and must be exercised in trust for the public good.

The BASL underscored that Supreme Court decisions cannot be overruled by any other body, including the Prime Minister or the Speaker of Parliament. The association stressed the importance of upholding the rule of law and the independence of the judiciary, warning that the Government’s failure to respect Court decisions could erode public confidence in the justice system and jeopardise democracy.

The BASL also expressed its unwavering support for Sri Lanka’s judiciary, particularly the Supreme Court, vowing to protect its integrity during this critical period.