Ex-BASL Chief condemns President’s remarks on Judiciary

• Former BASL Chief Saliya Peiris PC accuses President Ranil Wickremesinghe of trying to coerce Judiciary to fall in line
• Stresses fundamental rights jurisdiction of courts exists to have check on exercise of Executive powers
• Says President Ranil Wickremesinghe’s claim that courts do not have judicial power is ridiculous
• Notes President is making such rhetoric to cow down Judiciary at crucial time

Former Bar Association of Sri Lanka (BASL) President Saliya Peiris PC has condemned President Ranil Wickremesinghe’s recent comments regarding the Judiciary. 

Taking to social media, Peiris said Wickremesinghe is once again trying to coerce the Judiciary to fall in line telling the Judiciary not to interfere with the “executive powers of Parliament”. 

Peiris was referring to the comments made by President Wickremesinghe on Sunday in Mahiyanganaya while attending another Urumaya Freehold Land Deeds program. 

“I would like to remind the court that judicial power resides not within the court itself but in the Parliament. Therefore, please refrain from encroaching on the executive powers of Parliament” Wickremesinghe had said.

Wickremesinghe highlighting the history of the Urumaya program, which was initiated in 2002 and 2003 recalled it was subsequently halted due to a court decision. 

He emphasised that if the program had been implemented 20 years ago, the people of Sri Lanka could have been granted free land rights earlier.

“If it was possible to allocate Government land to the Shangri-La Hotel under the Land Ordinance, why can’t I, as the President, grant land rights to 2 million people? Some have warned that this matter will go to court, but it’s important to remember that the authority lies not with the court but with Parliament. I have always maintained that the Judiciary should not interfere with the executive power of Parliament,” the President said. 

“Even a first-year law student knows that Parliament does not exercise executive power. The Fundamental Rights jurisdiction established by the Constitution exists to have a check on the exercise of Executive power,” Peiris said in response. 

“Judicial powers of the people are as per the Constitution exercised by Parliament through courts of law, except on certain matters of Parliamentary privilege. On all other matters, Parliament creates the courts but cannot exercise judicial power on its own. So to claim that courts do not have judicial power is ridiculous. This type of rhetoric is clearly made with the intention of cowing down the Judiciary at a crucial time,” the Senior Counsel added. 

Similar comments by the President against the Judiciary both in and outside of Parliament have drawn widespread criticism recently and has been deemed a threat to the independence of the Judiciary.