President's Counsel

President's Counsel (postnominal PC) is an eminent lawyer who is appointed by the President of Sri Lanka to be one of the "President's Counsel learned in the law". The term is also recognized as an honorific which replaced the practice of appointment of Queen's Counsel (QC) which ceased when Sri Lanka became a republic in 1972. It is equivalent to the appointment of Queen's Counsel in the United Kingdom and other Commonwealth jurisdictions and derives the same privileges such as the privilege of sitting within the Bar of court.

President's Counsel is a professional rank and status, conferred by the President under the Article 33 of the Constitution of Sri Lanka which is recognised by courts. It does not entail the title holder to be a state prosecutor or employed by the state or part of the office of the President. Appointments are made from Attorneys-at-Law who have practiced as counsel in original and appellate courts for many years either in the official or unofficial bar.

Appointment

The appointment is made by the President by letters patent, thereafter the appointed President's Counsel takes the oath of office at a ceremonial sittings of the Supreme Court at which point the appointee is considered a President's Counsel and are called to the Inner Bar.

Law officers who are public prosecutors of the Attorney General's Department are customarily appointed as President's Counsel after they are promoted to the grade of Additional Solicitor General. These may be singular appointments made several times a year after their promotion. Once in several years, several attorneys from the unofficial bar will be appointed based on recommendations forwarded by the Chief Justice, Attorney General and the President of the Bar Association of Sri Lanka to the President.

Dress

President's Counsel's court dress is similar to that of Queen's Counsels. It includes a silk gown with a flap collar and long closed sleeves (the arm opening is half-way up the sleeve). Therefore, the term "taken silk" continues. On special ceremonial occasions (such as ceremonial sittings of the Supreme Court), PCs also wear a long wig.

History

In 1903, Frederick Dornhorst, Ponnambalam Ramanathan and Thomas De Sampayo were sworn in as the first King's Counsels in the island of Ceylon, which was a British colony at the time. Since then eminent lawyers who were advocates were appointed as King's Counsel until the title changed to Queen's Counsel with the change of monarch. When Ceylon became a republic in 1972, appointments of QCs was not possible and equivalent of "Senior Attorney-at-Law" used.

In 1984, with the 8th amendment to the Constitution of 1978, the paragraph (cc) was added to the Article 33 (which details the powers and the privileges of the President) of the Constitution, granting the President powers to appoint "as President’s Counsel, attorneys-at-law who have reached eminence in the profession and have maintained high standards of conduct and professional rectitude." It also grants President’s Counsel "all such privileges as were hitherto enjoyed by Queen’s Counsel". The holder can use the post-nominal letters PC after his or her name.[1]

Notable President's Counsels

This list is incomplete; you can help by expanding it.

List of Senior Attorneys-at-Law

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Following the 8th amendment to the Constitution, Senior Attorneys-at-Law were reappointed as PCs.

References

  1. ↑ Appointment of President’s Counsel
  2. ↑ http://www.adaderana.lk/news.php?nid=40396
  3. ↑ http://archives.dailynews.lk/2010/02/27/news21.asp
  4. ↑ Jeyaraj, D. B. S. (30 September 2000). "Obituary: A pioneering leader - M.H.M. Ashraff, 1948-2000". Frontline (magazine). 17 (20).
  5. ↑ Samad, Ashraff A. (16 September 2012). "Remembering a Minister, poet and inspiring Muslim leader". The Sunday Times (Sri Lanka).
  6. ↑ "SLMC, NUA remember late leader Ashraff". TamilNet. 16 September 2003.
  7. 1 2 3 4 Profiles of New President's Counsel, Daily News
  8. ↑ http://www.ft.lk/2013/10/30/prasantha-appointed-honorary-consul-for-seychelles-in-sri-lanka/
  9. 1 2 ahttp://www.attorneygeneral.gov.lk/index.php/history
  10. ↑ http://archives.sundayobserver.lk/2006/08/06/pow12.asp
  11. ↑ http://dailynews.lk/2016/09/10/local/92854
  12. ↑ http://archives.dailynews.lk/2008/09/27/fea03.asp
  13. ↑ http://www.attorneygeneral.gov.lk/index.php/newsag/138-attorney-general-palitha-fernando-pc-retires
  14. ↑ Maniccavasgar, Chelvatamby (8 March 2009). "Add. Solicitor General to take silk as PC". The Sunday Times (Sri Lanka).
  15. ↑ Maniccavasgar, Chelvatamby (5 March 2009). "A. Gnanathasan takes Silk as President’s Counsel". Daily News (Sri Lanka).
  16. ↑ http://colombonewstoday.lk/2016/08/11/mrs-farzana-jameel-sworn-as-presidents-counsel/
  17. ↑ http://newsfirst.lk/english/2015/02/additional-solicitor-general-sarath-jayamanne-appointed-presidents-counsel/78891
  18. ↑ http://www.attorneygeneral.gov.lk/index.php/the-law-officers
  19. 1 2 http://www.adaderana.lk/news.php?nid=20028
  20. ↑ http://www.ft.lk/article/289378/Priyantha-appointed-Judge-of-Supreme-Court
  21. ↑ "Funeral of former AG to be held at Borella cemetery today". The Island (Sri Lanka). 15 August 2007.
  22. ↑ Neelakandan, Kandiah (17 August 2007). "Appreciation: Late Mr. K.C. Kamalasabayson, P.C., Former Attorney-General". The Island (Sri Lanka).
  23. ↑ "2012 - Award winners". Ceylon Today. 4 January 2013.
  24. ↑ Ramanayake, Wasantha (5 May 2005). "Interim Committee SLC directed to maintain status quo". Daily News (Sri Lanka).
  25. ↑ "The role of the judiciary in upholding democracy: Lessons from Sri Lanka". The Sunday Times (Sri Lanka). 1 February 2015.
  26. ↑ "ePaper | Online edition of Daily News - Sri Lanka". epaper.dailynews.lk. Retrieved 2017-05-20.
  27. ↑ http://www.asianmirror.lk/news/item/2532-sri-lanka-s-legal-fraternity-in-jeopardy-tilak-marapana-reveals
  28. ↑ Selvanayagam, S. S. (19 December 2011). "Forth generation of Musthaphas forays into legal domain". Daily FT.
  29. ↑ "Father and son both President’s counsel". The Island (Sri Lanka). 16 November 2012.
  30. 1 2 3 http://www.attorneygeneral.gov.lk/index.php/history
  31. ↑ Arumugam, S. (1997). Dictionary of Biography of the Tamils of Ceylon. p. 131.
  32. ↑ "ePaper | Online edition of Daily News - Sri Lanka". epaper.dailynews.lk. Retrieved 2017-05-20.
  33. ↑ http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=66833
  34. ↑ http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=14324
  35. ↑ "25 senior lawyers made President's Counse". The Daily Mirror. Colombo, Sri Lanka. 27 April 2017. Retrieved 7 May 2017.
  36. ↑ "Twenty-five senior lawyers appointed President’s Counsels". Daily News. Colombo, Sri Lanka. 27 April 2017. Retrieved 7 May 2017.
  37. ↑ "President’s Counsel A.R.Surendran no more". Tamil Diplomat. 12 April 2016.
  38. ↑ "President's Counsel A. R. Surendhran apssed away". Ceylon Today. 12 April 2016. p. A4.
  39. ↑ https://www.google.lk/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=s.%20thurairajah%20president%27s%20counsel
  40. ↑ Altaf, Saleem (6 August 2006). "Neelan Tiruchelvam: Distinguished son of esteemed father". The Island (Sri Lanka).
  41. ↑ http://www.basl.lk/index.php/contact-us/useful-contacts
  42. ↑ A successful criminal lawyer, Daily News
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