A scheduled vote by the Constitutional Council on the nomination of Court of Appeal Acting President M.T. Mohamed Lafar for a Supreme Court vacancy was abruptly canceled today.
Sources reveal that Minister Bimal Rathnayake, representing the President in the Council, announced the withdrawal of the nomination just as the vote was about to commence.
President Anura Kumara Dissanayake had submitted Lafar’s name on June 9 for a Supreme Court vacancy expected on June 20, following the retirement of Justice Gamini Amarasekara. However, it is unusual for a nomination to be made before a vacancy officially occurs, legal experts noted.
Furthermore, questions arose as it emerged that Lafar is set to retire on June 18, two days before the Supreme Court vacancy, upon reaching the age of 63. Supreme Court judges typically retire at 65. Concerns were raised that the President’s swift nomination might have been an attempt to appoint Lafar before his retirement, a practice reportedly unprecedented in the judiciary.
Additionally, it was noted that the Chief Justice’s recommendation, typically required under Article 41(A) of the Constitution, had not yet been received for Lafar. Chief Justice Murdu Fernando had also not included Lafar’s name in previous nominations for Supreme Court vacancies in January, despite Lafar’s seniority. Junior judges had been appointed instead based on the Chief Justice’s recommendations.
The withdrawal of the nomination leaves the Supreme Court appointment process in uncertainty.
