No violation of parliamentary privileges through SC interim order on LG polls - BASL

• Opines Supreme Court should not be called upon to explain judicial orders to any other person or institution
• Stresses judiciary should be allowed to operate independently, free from external pressures or threats 
• Claims any interference will set a bad precedence and must be strongly condemned 

The Bar Association of Sri Lanka (BASL) issuing a statement has said the Supreme Court has not violated the powers and privileges of parliament through the interim order issued by it on 3 March preventing the Treasury Secretary from withholding funds allocated for the elections. The BASL said it was aware that the order made by the Supreme Court has been referred to the Parliamentary Committee on Ethics and Privileges. 

However, the organisation said it has considered this matter and determined there has been no such violation as alleged. The BASL said the Supreme Court is an independent institution and should not be called upon to explain judicial orders to any other person or institution.

The BASL said it reaffirms its commitment to upholding the rule of law and safeguarding the independence of the judiciary, in light of the recent trend of pressure being exerted over the Judiciary that would potentially threaten and undermine these important principles. 

“The BASL is of the view that the Judiciary should be allowed to operate independently, free from external pressures, threats or any interference, for a vibrant democracy to exist. From an international viewpoint the United Nations Basic Principles on the Independence of the Judiciary, states the independence of the judiciary shall be guaranteed by the State and enshrined in the Constitution or the law of the country and it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary,” the release read. 

The organisation said therefore it is of the view that it is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. The BASL also warned that any interference in the judicial process sets a dangerous precedent, which must be strongly condemned.

On 7 March MP Premnath C. Dolawatte told Parliament the powers and privileges of Parliament have been violated by the Interim Order issued by several judges of the Supreme Court on 3 March. Dolawatte claimed the said Interim Order can be viewed as a clear breach of the privileges and powers of Parliament. Later it was reported that the matter was referred to the Parliamentary Committee on Ethics and Privileges, a move that has drawn widespread criticism.