Justice Gurusinghe Retires From Court of Appeal After Being Passed Over for Supreme Court Promotion Despite Vacancies

A Distinguished Career Ends Amid Controversy Over Judicial Appointments

Justice Rathanapriya Gurusinghe retired from the Court of Appeal on 1 September, leaving behind a distinguished judicial career that concluded under a cloud of controversy, after he was reportedly denied promotion to the Supreme Court despite existing vacancies and a formal recommendation in his favour.

BASL Acknowledges the Overlooked Recommendation

At a farewell ceremony held in honour of Justice Gurusinghe, Bar Association of Sri Lanka (BASL) President Rajeev Amarasuriya revealed that the association was fully aware that former Chief Justice Murdu Fernando, PC, had formally recommended Justice Gurusinghe for elevation to the Supreme Court. Despite this recommendation and the presence of vacancies on the bench, the promotion was never granted, raising serious questions about the integrity and transparency of the judicial appointment process in Sri Lanka.

Concerns Over Judicial Independence

The circumstances surrounding Justice Gurusinghe's retirement have drawn attention to broader concerns about how senior judicial appointments are handled in the country. Legal observers and members of the bar have expressed unease over the apparent disregard for a Chief Justice's recommendation, a development that many believe undermines judicial independence and the meritocratic principles that should govern appointments to the country's highest court.

• Justice Gurusinghe served with distinction on the Court of Appeal
• Former Chief Justice Murdu Fernando, PC, had formally recommended his promotion
• Vacancies existed on the Supreme Court bench at the time
• The promotion was not granted despite these circumstances

A Farewell Tinged With Disappointment

While the farewell gathering was an occasion to honour Justice Gurusinghe's years of dedicated service to the Sri Lankan judiciary, the mood was notably tempered by the injustice many felt he had been subjected to. The BASL's public acknowledgement of the situation signals the legal community's willingness to speak openly about systemic issues affecting the judiciary.

The Bar Association of Sri Lanka was aware that former Chief Justice Murdu Fernando, PC, had recommended Justice Gurusinghe for appointment to the Supreme Court.

Justice Gurusinghe's retirement serves as a reminder of the need for greater accountability and transparency in the processes governing senior judicial appointments in Sri Lanka, a matter that legal professionals and civil society alike continue to regard as fundamental to the rule of law.