Judicial Independence Concerns Raised in 22A Case

COLOMBO (News 1st): The Supreme Court today resumed for a second day the hearing of petitions filed against the Government's proposed 22nd Constitutional Amendment Bill, with proceedings continuing after an extended first day of arguments that lasted until 10.30 p.m. yesterday.

A large number of petitioners presented submissions before the Court during the opening day of hearings, challenging various provisions contained in the proposed constitutional amendment.

At the commencement of proceedings yesterday, President's Counsel M.A. Sumanthiran, appearing on behalf of the Bar Association of Sri Lanka, requested that the petitions be heard before a full bench comprising all sitting Supreme Court judges.

However, the five-member Supreme Court bench headed by Chief Justice Preethi Padman Surasena rejected the request and decided to continue hearing the petitions before the originally appointed bench.

As hearings progressed into the evening, several senior lawyers including President's Counsel Srinath Perera, President's Counsel Saliya Peiris, Attorney-at-Law Suren Fernando and Attorney-at-Law Lakshan Dias made submissions on behalf of additional petitioners.

Addressing the Court, President's Counsel Srinath Perera argued that the provisions contained in the proposed amendment would directly or indirectly affect members of the judiciary.

He further contended that it would be inappropriate for judges to adjudicate on matters that could potentially impact them personally.

President's Counsel Saliya Peiris, meanwhile, submitted that constitutional amendments must be framed in a manner that serves both present and future generations.

He argued that constitutional reforms should not be driven by popular sentiment or temporary political considerations, but should instead be undertaken through a credible, lawful and durable process capable of withstanding future challenges.

According to his submissions, constitutional amendments should not be enacted in a manner that would necessitate further amendments in the near future, emphasizing the importance of stability and long-term constitutional certainty.

The legal arguments before the Court are expected to continue today, with additional submissions from petitioners currently underway.

The Court is also scheduled to hear arguments from intervening petitioners as well as submissions from the Attorney General's Department before concluding the hearing process.