Writ Petition Filed by Lawyers Against Summons Issued to a Judge

Three senior lawyers have filed a writ petition before the Court of Appeal seeking urgent intervention to prevent a High Court judge from being summoned and questioned regarding judicial decisions made in the course of his official duties.

The petition was filed by President's Counsel Udita Egalahewa, President's Counsel Firman Cassim, and Senior Attorney Sugath Caldera.

In their petition before the Court of Appeal, they argue that such actions pose a serious threat to judicial independence and the rule of law.

The respondents named in the petition are Colombo High Court Judge Udesh Ranatunga, the Attorney General, and Avissawella High Court Judge Sahan Mapa Bandara.

According to the petition, a summons had been issued to Judge Mapa Bandara requiring him to appear before the Colombo High Court in connection with a High Court case. The petitioners state that there are credible grounds to believe that the purpose of the summons is to question him regarding judicial orders he made while serving as the District Judge of Nugegoda.

When the matter was called before Court of Appeal President Rohantha Abeysuriya and Judge Priyantha K. Fernando, the court issued an interim order suspending all proceedings related to the summons and preventing any further steps being taken to compel the judge’s appearance until a final determination is made on the petition. The court also issued notices on the respondents, returnable on or before 12 June.

The petitioners contend that judicial officers enjoy immunity in respect of their judicial acts and that decisions made by judges may only be challenged through legally recognized appellate or revisionary procedures. They argue that judicial decisions should not be subjected to collateral review before another court exercising original jurisdiction.

The petitioners further warn that allowing judges to be summoned and questioned regarding their reasoning, judgment, or exercise of judicial discretion in cases they have heard would have a chilling effect on judicial independence and undermine public confidence in the administration of justice.

Appearing for the petitioners were President's Counsel Ikram Mohamed, together with President's Counsel Dr. Romesh de Silva, President's Counsel Manohara de Silva, President's Counsel Rohan Sahabandu, President's Counsel Sanjeewa Jayawardena, President's Counsel Saliya Pieris, and N.R. Sanath Wijewardane Associates, instructed by Sivendran, Niran Anketell, and Pasindu Bandara.