BASL accuses suspended President of misrepresenting facts and misleading media

The Bar Association of Sri Lanka (BASL) has accused its suspended President Kaushalya Nawaratna, PC, of misrepresenting facts and spreading false information regarding the BASL Constitution and the findings of the Special Committee on the JICA-BASL Program. The allegations came to light after several media publications and YouTube interviews referenced Nawaratna’s statements.

In an official statement, the BASL clarified the provisions of its Constitution concerning the recent election of Deputy President Anura Meddegoda, PC, at the Bar Council meeting held on 31 August. The BASL emphasised that there is no constitutional barrier to Meddegoda’s appointment, countering Nawaratna’s claims.

According to the BASL, Nawaratna had incorrectly interpreted Article 8.4 of the Constitution, which prohibits any person from being elected as Deputy President if they have served in that role for two consecutive years immediately preceding the election. The association noted that Meddegoda had served as Deputy President for 2021/22 and 2022/23, was succeeded by Nalinda Indatissa, PC, for the period of 2023/24 until his resignation on 31 August 2024, and was then re-elected to the post following Indatissa’s resignation, in accordance with the Constitution.

The BASL also addressed allegations made by Nawaratna in several YouTube interviews concerning the Special Committee Report, which was unanimously adopted by the Bar Council. At its meeting on 31 August, the Bar Council, acting under Article 7/1(c) in conjunction with Article 9.1(b) of the BASL Constitution, directed Nawaratna to step down from his duties as President and called for his resignation.

The BASL outlined that the Constitution, through Articles 9.3(a) and 8.8, provides for the appointment of an Acting President when the sitting President is unable to fulfil their duties. The Bar Council appointed an Acting President following Nawaratna’s suspension, which came after the Special Committee’s report was fully adopted. The report concluded that Nawaratna had failed to act transparently regarding a contract with JICA and had violated the trust of BASL members.

“It is regrettable that Nawaratna has willfully and deliberately misunderstood or misinterpreted the relevant provisions of the BASL Constitution and the findings of the Committee,” the BASL said. 

The BASL also expressed its full confidence in the integrity of the Special Committee, which includes five esteemed members of the legal profession, four of whom have over 50 years of practice. The BASL said the committee was unanimously appointed by the Bar Council at a meeting on 18 May 2024, with Nawaratna in attendance.

The BASL reiterated that race, religion, or background plays no role in its affairs and criticised Nawaratna for attempting to portray the committee’s findings as biased.

“What the BASL has strived to achieve is to ensure that the office bearers of the BASL are held accountable and that they honour the trust placed in them by the membership,” the statement noted.