Sarath N. Silva claims Govt. has undermined judicial independence

Former Chief Justice Sarath N. Silva 

Prime Minister Ranil Wickremesinghe and the other members of the United National Party (UNP) have used the law to suppress their political opponents, alleged former Chief Justice Sarath N. Silva, and warned this will result in judicial supremacy being undermined. 

Silva made the allegations at a press conference held on Wednesday at the ‘Viyath Maga’ organisation. 

“Using the banner of good governance as a screen, this Government has eroded the judicial independence that was entrenched since colonial times,” he argued. He claimed that the Government has used the Constitution to that effect.  Silva alleged that it took the Government 14 years to lodge a case about Gotabaya Rajapaksa allegedly voting in the 2005 elections while he did not have the right to the franchise. “It took them 14 years to wake up to it,” he claimed, pointing out that the case was filed four days after Rajapaksa came forward as the presidential candidate for the SLPP. 

Silva alleged that the complaint was lodged by two civil rights activists, and pointed to the subsequent CID investigation as an example of political influence on law enforcement. 

The former Chief Justice argued the creation of the Financial Crimes Investigation Division (FCID) itself was unlawful, and alleged that the investigative arm was set up for a political witch-hunt of the Government’s opponents. “The findings of an unlawful investigative agency are unlawful, there is no debate on the matter,” he stressed. 

Silva pointed out that the Attorney General has filed indictments against several Rajapaksas at the High Court, based on findings from such unlawful investigative bodies like the FCID.  “I served in the AG’s department for 20 years. If I was brought findings by such a body, I would have thrown it out,” he said.  

He alleged that the AG should resign after the Special High Court dismissed the case filed against Gamini Senerath, citing lack of evidence. Commenting on the allegations levelled against former Solicitor General Dilrukshi Dias Wickramasinghe and her dismissal, Silva alleged that the AG should resign from his post. He said resignation was the honourable thing to do. 

Cases lodged against Gotabaya Rajapaksa after the calling of elections should be heard after the elections, out of respect to democracy, Silva opined.