Three senior legal professionals have filed a writ petition before the Court of Appeal seeking to prevent a sitting High Court judge from being summoned and questioned over judicial decisions made in the course of his official duties.
The petition was filed by President’s Counsel Uditha Egalahewa, President’s Counsel Farman Cassim and Senior Counsel Sugath Caldera, who argue that such action could undermine judicial independence and the rule of law.
When the matter was taken up before the Court of Appeal, an interim order was issued staying all proceedings connected to the summons and preventing any further steps to compel the judge’s appearance until the case is finally determined.
The petitioners contend that judicial officers are protected in respect of their judicial acts and that court decisions can only be challenged through legally established appellate or revision procedures.
They further warned that allowing judges to be questioned about their judicial reasoning or exercise of discretion could create a chilling effect on the judiciary and erode public confidence in the administration of justice.
