Court of Appeal Justice Rathanapriya Gurusinghe retired on 1 September without being elevated to the Supreme Court, renewing concern in the legal profession over four vacancies that remain unfilled on the apex court.
Justice Gurusinghe began his judicial career on 5 March 1996. Over nearly three decades he sat as Magistrate and District Judge in Colombo, Nawalapitiya, Gampola, Avissawella, Chilaw, Matara, Matale and Kandy before his elevation to the Court of Appeal, the Daily Mirror reported.
What the Bar Association said
At his farewell, Bar Association of Sri Lanka President Rajeev Amarasuriya paid tribute to Gurusinghe’s record, praising him for discharging his duties with dignity, patience and fairness.
Amarasuriya then addressed the recommendation directly.
“We are aware that the former Chief Justice, Her Ladyship Justice Murdu Fernando, PC, recommended Your Lordship Justice Gurusinghe for elevation to the Supreme Court. As far as we are aware, that recommendation is still pending at the President’s Office.”
“On behalf of the Bar, I wish to place on record our sincere appreciation and gratitude for Your Lordship’s dedicated service to the Judiciary and to the people of Sri Lanka,” he added. “I am confident that Your Lordship will continue to serve the profession and our system in varied and important capacities.”
The distinction matters. On the BASL’s account the recommendation was not rejected — it was never taken up, and has now been overtaken by the judge’s retirement.
A long-running impasse
The vacancies have been contested for months. Opposition MPs handed the Speaker a letter in June asking him, as chairman of the Constitutional Council, to press the President to act on unfilled Supreme Court positions and safeguard judicial independence. The Constitutional Council is the gatekeeper for senior judicial appointments, approving the President’s nominees to the Supreme Court, the Court of Appeal and the Judicial Services Commission.
The BASL has pressed the same point through a series of interventions this year, including a campaign for an amendment to the retirement age of Supreme Court judges and a special general meeting on the question in July.
Not reported
The Daily Mirror did not say when the recommendation was made or how long it has been with the President’s Office, name the judges whose departures created the four vacancies, or report any response from the President’s Office or the Ministry of Justice. It did not say whether the Constitutional Council has received any nomination, and did not give the number of vacancies now open on the Court of Appeal itself.
No other verified newsroom had carried the farewell at the time of writing.
