Khan to appeal ruling: 'Wrong for PM to decide who gets silk'

SENIOR Counsel Israel Khan says he intends to take his challenge over “silk” (senior counsel) appointments to the Privy Council.

On November 29, Justice Devindra Rampersad rejected Khan's contentions. Khan had asked the High Court to declare the current procedure for appointing silk unconstitutional, as he claims it breaches the separation of powers because the Prime Minister is involved in the selection process.

Khan’s interpretation claim, filed in 2023, called on Rampersad to identify the correct procedure for the appointment of silk.

In an interview on November 29, Khan explained why he intended to appeal the ruling.

“I am still of the view that the Prime Minister ought not to have any input in selecting the leaders of the legal profession under the doctrine of subordination of powers.”

“It seems that this matter is of such importance for the legal profession that we will take the matter to the Court of Appeal to review his decision.

“I foresee this matter going all the way to the Privy Council for final determination.

“It is morally and illegally wrong for the Prime Minister of a country to decide not so much who gets silk or, more importantly, who does not get silk.

“It is wrong,” Khan insisted.

Speaking to the media at his Justitia Omnibus law chambers on Abercromby Street, where he held a "watch party" for the hearing of his constitutional challenge, Khan said he was “heartened but disheartened” by the ruling.

“It is a very conservative judgment, but I must accept it until it is overruled.

“Historically, it is the judiciary in England under the direction of the Lord Chancellor who will select silk, not the Prime Minister. So this matter must be litigated.”

Khan, who received his silk in 2000, said he has always been concerned about the selection process. He said he started reviewing the Constitution and speaking to lawyers and the Law Association early in the covid19 pandemic.

But, he lamented, “In this country, they just talk and talk and talk. So I decided to go to the court.”