Lawyers’ Collective urges President to cease intimidating and undermining independence of judiciary

On 18 June President Ranil Wickremesinghe, speaking in Parliament, criticising the recent Supreme Court determination on the Gender Equality Bill referred to the court as having engaged in ‘judicial cannibalism’. The President went on to say that Parliament ‘could not agree with the Supreme Court ruling’ and that while he doesn’t propose to summon judges before Parliament, he proposes the appointment of a Parliamentary Select Committee to review the determination. Previously, the President also demanded the appointment of a Parliamentary Select Committee to investigate the workings of the Constitutional Council when it did not approve his nominee to the Supreme Court. 

On 19 June, the Minister of Justice, Wijedasa Rajapakse, in Parliament, stated that the Supreme Court Orders in effect suspend parts of the Constitution and drew comparison between the orders of the Supreme Court and Adolf Hitler suspending the civil rights prior to the outbreak of World War II. These statements are aimed at instilling fear and confusion in the minds of citizens. 

The Minister levelled serious allegations naming specific judges and lawyers. Any such allegation of corruption involving judicial officers must be taken extremely seriously however these public statements are a misuse of Parliamentary privilege. Allegations should be confined to formal complaints before the proper fora. Every allegation must be dealt with due process and with a view to strengthening institutions. It is disappointing and extremely concerning that the Minister, a senior member of the legal profession, a President’s Counsel, levels allegations against the District Court Judge who issued a stay order against the Minister regarding an issue on the Office Bearers of the SLFP. Further the Education Minister Susil Premjayantha and Member of Parliament Dayasiri Jayasekare also made comments on the cases for which they have certain interests. 

The above remarks are an assault upon the independence of the judiciary, a cornerstone of our Constitution. The President, Justice Minister, Education Minister are representatives of the entire Executive. The President also exercises a critically important Constitutional power and responsibility in appointing judges to our highest judicial forum – the Supreme Court and the Minister of Justice controls resources to the judiciary. Such high executive office making insidious sweeping remarks about the judiciary using parliamentary privilege is a clear abuse of their power. It sends strong signals to judicial officials that certain judicial decisions will not be tolerated by this executive. It implies complicity with the executive may receive career advancement and support. By using the nationally televised platform afforded to speeches in Parliament, the President and Justice Minister to make disparaging remarks on the judiciary demeans this important public institution central to a functioning democracy. It undermines the public confidence in the authority and impartiality of the judiciary. Foundational concepts of the rule of law, separation of powers and balance of powers are founded on maintaining public confidence. Public confidence among the Sovereign People legitimises the entire State. The People support and legitimise State powers of governance when they have confidence in the judiciary. As such, these statements directly threaten the political stability of the country.

Constructive critique, fair comment and difference of opinions are all valid forms of the right to freedom of expression. However, given the Executive’s equal role in ensuring the balance of power among organs of Government, and protecting the Sovereignty of the People as guaranteed by the Constitution. It is incumbent on the Executive in a democracy to refrain from eroding the powers and responsibilities of the other key institutions and express disagreement due care. Disagreement cannot cross into threat or intimidation. Restraint must also be exercised in any comments or actions made about the judiciary even in Parliament in direct recognition of the fact that judges do not have a right of reply and cannot defend themselves. 

The Lawyers’ Collective views this attack on the judiciary, which in the context of mounting litigation before courts, is the last recourse and refuge against abuse of State powers. The Collective has observed increased participation in democracy, whereby citizens have challenged decisions on appointments to high posts, corrupt decisions, undemocratic and repressive legislation initiated by the Executive and executive measures mounting hardships on the lives of the People. We have also seen repressive measures by the Executive against public protests and dissent. In this context, and the mounting evidence of executive interference with the judiciary, these statements are not isolated excesses, but now form a clear pattern of intimidation by politicians holding executive power. It is a pattern of authoritarian conduct by a President who serves without a direct mandate from the people and a Minister in the Cabinet of such a President. 

The Lawyers’ Collective condemns the above statements made by the President, the Justice Minister, the Education Minister and MP Dayasiri Jayasekare. We are of the view that any allegation against the judiciary must be made in the form of a formal complaint before the appropriate forum and not by way of a statement in the Parliament under the cover of Parliamentary privilege. The Collective believes such statements, immediately prior to an election, to be politically expedient and aimed to cause uncertainty and loss of confidence in the People in the judiciary and democratic processes. The Collective requests the public to stand up in protection of the independence of the Judiciary at this time and always.

Yours faithfully,

On behalf of the Lawyers’ Collective

President’s Counsel Upul Jayasuriya 

President’s Counsel M.M. Zuhair 

President’s Counsel Dr. Jayampathy Wickramaratne

Attorney-at-Law Professor Savitri Goonesekere, 

President’s Counsel Anura B. Meddegoda 

President’s Counsel Saliya Pieris 

Professor Deepika Udagama

Professor Camena Gunaratne

President’s Counsel S.T. Jayanaga

President’s Counsel Upul Kumarapperumma

Attorney-at-Law Rev. Fr. Noel Dias

Attorney-at-Law Jagath Kularatne

Attorney-at-Law Lakshan Dias

Attorney-at-Law Srinath Perera

Attorney-at-Law K.W. Janaranjana

Attorney-at-Law Ermiza Tegal

Attorney-at-Law Darshana Kuruppu

Attorney-at-Law Sandamal Rajapakse