Dayasiri petitions CIABOC to probe Cabinet over judges’ retirement age plan

Saturday, 1 August 2026 01:12 - - {{hitsCtrl.values.hits}}

Opposition MP Dayasiri Jayasekara

Opposition MP alleges Cabinet decision amounts to bribery and corruption under Anti-Corruption Act

Opposition MP and Attorney-at-Law Dayasiri Jayasekara has petitioned the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) to investigate the Cabinet of Ministers over its decision to extend the retirement age of judges, alleging the proposed constitutional amendment amounts to bribery and corruption under the Anti-Corruption Act, No. 9 of 2023.

In the petition submitted yesterday, Jayasekara argues that the Cabinet’s decision to amend the Constitution to extend the retirement age of judges constitutes an unlawful “gratification”, “favour” or “benefit” to the judiciary and could compromise judicial independence and the separation of powers.

The petition asks CIABOC to conduct a preliminary inquiry under Section 42 of the Anti-Corruption Act to determine whether there is a prima facie case of bribery or corruption before launching a full investigation into the Cabinet decision.

Jayasekara cites Sections 93, 100, 104 and 111 of the Anti-Corruption Act, alleging that the proposed extension of judges’ retirement ages could constitute bribery of judicial officers, bribery involving public officials and corruption by public officials. He contends that Cabinet Ministers, as public officials, participated in a decision that would confer a wrongful or unlawful benefit on judges.

The petition further argues that the proposal could create a conflict of interest if the legislation is challenged before the Supreme Court, as judges who stand to benefit from the amendment could be required to adjudicate on its constitutionality.

It also claims the proposal is not justified by the administration of justice, asserting that case backlogs are concentrated in the Magistrates’ Courts and District Courts rather than the Supreme Court or Court of Appeal.

Jayasekara has requested CIABOC to examine Cabinet papers, official documents and communications relating to the proposal, question Cabinet Ministers and other relevant public officials, and, if the amendment proceeds, investigate judges who accept the extension of the retirement age.

The petition also seeks investigations into officials of the Ministry of Justice and the Legal Draftsman’s Department who may have been involved in preparing the proposal and requests CIABOC to institute proceedings against Cabinet Ministers alleged to have committed corruption under Section 111 of the Anti-Corruption Act.

In addition, Jayasekara has asked the Commission to direct the Government to refrain from proceeding with the proposed constitutional amendment until the investigation is concluded and to refer any offences disclosed to the appropriate authorities for prosecution.