Political Optics: What The Appointment Of A New Chief Justice Means For The Country

By Rasika Jayakody –OCTOBER 16, 2018

Rasika Jayakody

The appointment of the new Chief Justice Nalin Perera, a career judge who has served in the judiciary for over 30 years, provides a snapshot of the dynamics within Sri Lanka’s major political powers.

It offers a glimpse into President Maithripala Sirisena’s thought process, amid vigorous calls by his allies to form a Caretaker Government, replacing the current Prime Minister with former President Mahinda Rajapaksa.

The 64-year-old new Chief Justice has maintained a relatively low profile thus far. Before sending his name to the Constitutional Council, President Sirisena , considered with several other high-profile names, including those of Attorney General Jayantha Jayasuriya and Eva Wanasundara, the senior-most judge in the current Supreme Court.

In fact, two separate groups were strongly backing both Jayasuriya and Wanasundara, for two completely different reasons. The UNP, led by Prime Minister Ranil Wickremesinghe, was in favour of Attorney General Jayasuriya as the latter was a politically “safer option” in comparison to other candidates in the fray. Jayasuriya, a smooth and meticulous operator, walked a tightrope when he questioned the Prime Minister after he made his “voluntary statement” before the Bond Commission in November, last year. In choosing to back Jayasuriya for the post of the 46th Chief Justice, the UNP was signalling its unflinching confidence in the man.

Jayasuriya, however, did not earn the support of the UNP at the expense of President Sirisena’s goodwill. His loyalty to Sirisena was manifest in the AG’s submission to the Supreme Court, when the President sought opinion on whether, in terms of provisions of the Constitution, he had an impediment to continuing in the office of President for a period of 6 years from 9th January 2015.

Much to the surprise of many good governance activists, Jayasuriya presented asubmission to the Supreme Court that said the incumbent President was elected by the people for a term of 6 years, and the 19th Amendment to the Constitution, which reduced the term to five years, was operative after he was elected. As later proven by the Supreme Court’s opinion on the matter, Jayasuriya’s submissions sharply contravened the provisions of the 19th Amendment, and it was all too evident that the Attorney General was pandering to the President’s political whims.

Given this history and strong support-base on both sides, many initially believed that Jayasuriya would be the hot favourite for the spot under Sirisena.

Then emerged Eva Wanasundara, who is largely supported by a section of the SLFP, the SLPP and the Rajapaksa family. As Wanasundara’s name surfaced at a time when the President was cosying up to the Rajapaksa family, speculation was rife that she stood a strong chance of becoming the country’s second female Chief Justice.

Wanasundara, in an interview with the ‘Deshaya’ newspaper in July 2014, publicly admitted that former President Mahinda Rajapaksa was one of her closest friends during her ‘Law College Days’.

“I was suddenly called up to Temple Trees by President Rajapaksa. He just asked me to drop by at Temple Trees on my way home after work. I was surprised at this gesture but went to meet the President nevertheless. Upon greeting me, the President said he was going to appoint me a Supreme Court judge and asked if I had any concerns. I was shocked by the sudden announcement. At the same time, I felt so happy as I always wanted to become a judge and suddenly, the person in front me was offering exactly what I wanted,” she also said during the interview.

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