Sarath N. Silva

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Sarath N. Silva
PC
41st
Asoka de Silva
38th Attorney General of Sri Lanka
In office
1996–1999
Preceded byShibly Aziz
Succeeded byK. C. Kamalasabayson
President of the Sri Lankan Court of Appeal
In office
1987 – 1994, 1994–1995 (President)
Personal details
Born (1946-05-17) 17 May 1946 (age 77)
Alma materSri Lanka Law College, University of Brussels

Sarath Nanda Silva

PC served as the 41st Chief Justice of the Supreme Court of Sri Lanka
.

He obtained his Primary and Secondary school education at

Court of Appeal in 1987, he later became the President of the Court in 1994.[1]

Controversial appointments and impeachment

Justice Silva was seen as close to

President's Counsel the same year. His appointment as Chief Justice in 1999 evoked widespread protest in the media on concerns of there being more qualified and experienced judges in Sri Lanka, and Chandrika Kumaratunga was perceived as using him to control Court decisions.[citation needed] In his short term on the Court, he had contributed to and rendered decision on many Court cases that appeared to satisfy the Executive President's political needs.[citation needed
]

In March 2003, the

British Refugee Council released findings on the situation, citing a report from August 2001 where International Bar Association (IBA) concluded that there was "an overwhelming need for an independent credible judicial system"[citation needed
] in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference, as well singling out which positions should be protecting the rule of law. The position of Chief Justice was mentioned as one of possible abuse.

A conflict of interest came before Silva in June 2001 when an impeachment notice for his position was restrained by his very court.[2]

In August 2001, the International Bar Association (IBA) concluded that there was "an overwhelming need for an independent credible judicial system" in Sri Lanka. It detailed instances of lack of accountability, breach of natural justice and potential for undue interference and pointed out that institutions which should be protecting the rule of law, including the President, government and the Chief Justice, were acting to undermine it. The IBA further opined that other Court members had been removed by Chief Justice Silva without inquiry.[2] Despite these issues, he remained Chief Justice until retirement until 5 June 2009.[1]


References

  1. ^ a b http://www.justiceministry.gov.lk/courts[permanent dead link] of Law/THE SUPREME COURT OF SRI LANKA.htm
  2. ^
    ISSN 0955-5943
    .
Legal offices
Preceded by Chief Justice of Sri Lanka
1999–2009 		Succeeded by
Asoka de Silva
Preceded by Attorney General of Sri Lanka
1996–1999 		Succeeded by
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