News
Supreme Court rejects former judge’s appeal against dismissal
View(s):By Ranjith Padmasiri
A fundamental rights petition filed by a former district judge requesting special leave to appeal against a Court of Appeal judgment that upheld his dismissal by the Judicial Service Commission has been thrown out by the Supreme Court.
The petitioner, M Wahabdeen, appealed against the JSC’s 2020 decision, naming as respondents its chairman, members, secretary and inquiry officer. While he was the District Judge/Magistrate of Pottuvil, the JSC removed Mr Wahadeen from service following an inquiry by the inquiry officer (who was then High Court Judge Gihan Kulatunga) carried out on the JSC’s direction.
The inquiry officer found the former magistrate guilty of charges in respect of interim orders made by him in several cases, whereby he had permitted suspects in the said cases to enter the Kumbukkan Forest Reserve, in violation of the Forest Ordinance.
The Court of Appeal subsequently dismissed Mr Wahabdeen’s request for a Writ of Certiorari to quash the JSC’s order that had sacked him. The petitioner had also sought a Writ of Mandamus to reinstate him.
Faiz Mustapaha, PC, who appeared for the petitioner, argued that the JSC had no power to inquire into judicial orders made by the magistrate, and that said orders made by the magistrate were outside the authority and disciplinary power of the JSC conferred on it by the Constitution.
Mr Mustapha contended that the order of the inquiry officer who looked into the conduct of the magistrate was arbitrary and had no force in law.
Additional Solicitor General (ASG) Nerin Pulle, who appeared for the respondents, argued that the petitioner could not challenge a decision of the JSC, in view of Article 111k of the Constitution that provides for a qualified immunity and an ouster of jurisdiction in respect of any suit or proceeding against the chairman, members of the JSC or its secretary, in the absence of good faith being alleged and proved against them, and further that the order was unlawful.
After hearing submissions of the counsel for both sides, the Supreme Court bench comprising Justices Achala Wengappuli, Arjuna Obeysekara and Sampath Abeykoon dismissed the application of the petitioner and upheld the decision of the Court of Appeal.
Faiz Mustapha PC with M Suhaid appeared for the petitioner. ASG Nerin Pulle with State Counsel Amasara Gajadeera appeared for the respondents.
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