President Anura Kumara Dissanayake has nominated Acting President of the Court of Appeal – M.T. Mohamed Laffar, to fill an upcoming Supreme Court (SC) vacancy set to arise on June 20 with the retirement of Justice Gamini Amarasekara.

The nomination, sent to the Constitutional Council on June 09, has raised concerns among legal experts, as such appointments are typically made only after a vacancy becomes official.

Meanwhile, it is also reported that Justice Laffar is to retire just 02 days before the vacancy occurs, turning 63 on June 18.

This also prompts speculation that the President had aimed to secure the appointment before Laffar’s own retirement.

According to Article 41(c) of the Sri Lankan Constitution, the Constitutional Council is required to obtain the views of the Chief Justice when making decisions related to appointments to the Supreme Court and the Court of Appeal but it is said that the CJ’s directive is also yet to be secured in this case.

Earlier this year, when 04 Supreme Court vacancies were filled, Justice Laffar was not among those recommended by the Chief Justice, despite his seniority.

Instead, Senior judges Sobhitha Rajakaruna and Menaka Wijesundera and less senior Appeal Court judges Sampath Wijekoon and Sampath Wijeratne were appointed to the SC, on the Chief Justice’s recommendations.

(Source: Anidda Newspaper)