President’s ‘Judicial Cannibalism’ comment sparks BASL outrage

President Ranil Wickremesinghe 

• BASL says SC performed its constitutional duty by assessing the Bill’s consistency with SL’s Constitution
• Criticises President’s comments and any legislative or executive attempts to undermine Court decisions
• Former BASL President warns that President’s actions set a dangerous precedent for future interference with judicial decisions

The Bar Association of Sri Lanka (BASL) yesterday reaffirmed its unwavering commitment to upholding the Rule of Law and protecting the independence of the judiciary, in response to a recent statement by President Ranil Wickremesinghe in Parliament concerning the Supreme Court’s determination on the Gender Equality Bill.

In a strong statement, the BASL emphasised that the Supreme Court had fulfilled its constitutional duty by assessing whether the Bill aligned with the supreme law of the land. While individuals have the right to agree or disagree with the Court’s rulings, the BASL asserted that neither the Legislature nor the Executive should criticise the Court for performing its duty. 

The BASL stressed the importance of allowing the Judiciary to function independently and free from any form of external pressure.

The BASL expressed serious concern over recent Parliamentary statements referring to ‘Judicial Cannibalism’ and suggestions to form a select committee to review the Supreme Court’s determination.

 The association viewed these actions as attempts to undermine judicial independence and force through a Bill deemed unconstitutional by the Supreme Court. The BASL argued that such statements were beyond constructive criticism and fair comment, posing a significant threat to the judicial system’s ability to discharge its constitutional duties.

Former BASL President Saliya Peiris PC also voiced strong opposition to President Wickremesinghe’s comments, characterising them as an attack on judicial independence. Taking to Facebook he warned that the President’s proposal to appoint a select committee to bypass the Supreme Court’s ruling on the Gender Equality Bill set a dangerous precedent. According to Peiris, such actions could lead to future attempts by any President or Government dissatisfied with Court rulings to override judicial decisions, thereby undermining the rule of law.

The comments come after President Wickremesinghe on Tuesday proposed the appointment of a select committee to review the Supreme Court’s ruling on the Gender Equality Bill, which the Court found inconsistent with Article 12 of the Constitution.

Addressing Parliament, the President described the Court’s decision as “judicial cannibalism,” accusing it of disregarding significant judgments and amendments related to women’s rights. He suggested that the select committee include a majority of members from the Parliamentary Women’s Caucus, raising a privilege issue by stating that the House could not agree with the Supreme Court’s ruling.