OPA urges president to refrain from making any 'illegal appointments'

In a letter to the president, OPA President Elmore Perera says his organisation was 'heartened' of Mr. Rajapaksa's move to resolve the disputes in appointing senior judges in a legal way.

The letter reminds that the president should not make any appointments to the judiciary or to many other public services without the approval of the CC, according to the 17 amendments to the constitution.

Actions of the executive are not above the law and certainly can be questioned in a Court of Law. The President cannot be summoned to Court to justify his actions. But that is a far cry from saying that the President's acts cannot be examined by a Court of Law. Though the President is immune from proceedings in Court, a party who invokes the acts of the President in his support will have to bear the burden of demonstrating that such acts of the President are warranted by law. The seal of the President by itself will not be sufficient to discharge that burden Supreme Court ruling

The CC is currently inactive as minor political parties in the parliament for months failed to appoint their nominee.

However, the parties recently recommended CS Mayadunne, the former Auditor-General as their nominee.

President Mahinda Rajapaksa is however yet to approve the nomination which would lead to the re-activation of the powerful CC.

"It is abundantly clear, therefore, that no lay person, no lawyer and not even the Attorney General, can truthfully and lawfully advise Your Excellency that making any appointment to the above-mentioned posts, without first getting the approval of the Constitutional Council, is legally valid," the OPA letter said.

Copies of the letters are also sent the leaders of all political parties represented in the parliament.

	OPA is an apex body of 42 Professional Associations

The OPA has urged President Rajapaksa to take immediate steps to appoint the CC and refrain from making any 'unlawful appointments'.

Mr. Perera's letter has also recalls a ruling by a nine-member headed by former Chief Justice Neville Samarakoon.

"Actions of the executive are not above the law and certainly can be questioned in a Court of Law. The President cannot be summoned to Court to justify his actions. But that is a far cry from saying that the President's acts cannot be examined by a Court of Law. Though the President is immune from proceedings in Court, a party who invokes the acts of the President in his support will have to bear the burden of demonstrating that such acts of the President are warranted by law. The seal of the President by itself will not be sufficient to discharge that burden".

The position maintained by that panel, the OPS says, is still the legal position over activities of the executive president.