The Hon. Ajith P. Perera

¶ 01 Hon. Presiding Member, Hon. Jagath Vithana explained the deplorable condition of the Matugama court complex—absolutely true. It is a neglected complex with very large criminal and civil caseloads in premises unsuitable for courts, with parking and development difficulties. An alternative government land exists; establishing the Magistrate’s and District Courts there is essential and should be prioritized. I draw the Minister’s attention and thank Hon. Vithana for raising it.

¶ 02 On judicial promotions, there is much debate. Around 35 District Court Judges were superseded in appointments to the High Court, causing great dissatisfaction. I do not say seniority alone must prevail. But if departing from the longstanding seniority practice, there must be a transparent, criteria-based system for selections and promotions—marks, metrics—known to judges. Decisions should not be based merely on the subjective views of the Chief Justice or individual members of the Judicial Service Commission. The lack of transparency is the problem. This is not about one or two judges; many have been superseded, causing serious discontent. The President is involved, since High Court judges are appointed by him on JSC recommendation. I urge that future appointments be conducted transparently, with clear criteria.

¶ 03 On the Supreme Court: a serious issue has arisen with fundamental rights cases being dismissed in large numbers at the leave-to-proceed stage. That is not normal. Fundamental rights protect citizens, and the Supreme Court is the sole guardian of those rights—their last hope. The mass rejection of leave is a matter of grave concern.