Swasthika Arulingam writes to Jaffna Uni. VC over cancellation of lecture on judicial independence

Attorney-at-Law Swasthika Arulingam has written the following letter to the University of Jaffna Vice Chancellor regarding the sudden cancellation of the lecture, “Judicial Independence in Times of Crisis”, as part of the Forum on Contemporary Issues in Law, which was scheduled for 31 October 2023

I am writing this letter to raise a serious issue of freedom of expression within the University of Jaffna. I request you to place due consideration to this public letter.

I was invited to speak at the University of Jaffna by the Head of the Law Department on the topic “Judicial Independence in Times of Crisis” on 31 October 2023. I readily agreed for three reasons. Firstly, I am a practising lawyer who engages with the judiciary on a regular basis. Secondly, I thought this event would offer me an opportunity to meet, discuss and debate ideas and how they transpire in practice with students and academics at the University of Jaffna. Thirdly, I was recently involved in organising protests against the racist attacks and threats on Judge Saravanarajah (District Court Judge of Mullaitivu) by Sinhala nationalists which resulted in his resignation. 

On 30 October, one day before my lecture, the Head of the Law Department informed me that the Student Union was unhappy that I will be delivering a lecture at the University. The reason I was told was that I had framed the LTTE as a fascist organisation in another talk I gave last month. In any case she told me, the lecture will go ahead.

On the day of the lecture, just one hour before I was scheduled to speak, the Head of the Law Department informed me that it was no longer possible to have the event inside the University of Jaffna as the students were protesting my entrance into the University. Hence, I was told the Dean had made a call to have the event outside the University. I informed the Head of Department that I will not agree to a change of venue. When I arrived at the University, I requested to meet the Dean. 

The Dean informed me that the Acting Vice Chancellor and himself had decided to ‘defer’ the event and that they could not hold it, as he wished to avoid ‘unpleasantness’. The Dean informed me that he had spoken to the protesting students, and given them alternative ways to dissent. However, they were adamant that this event should not go ahead. He said the students were acting with ‘extreme emotions’ and that they were ‘immature’. In fact, he proceeded to state that I too have made statements under ‘extreme emotions’ and that I should not have broadly painted the LTTE in that manner in my previous speech. He said despite his difference in opinion with me he decided to invite me.

In response, I told the Dean that, unable to hold even an event, he was hardly in a place to lecture me on ‘extreme emotions’. I further said that the University Administration by cancelling this event has sent a message not just to me but to society at large that any alternative opinions to that of the LTTE will not be tolerated within the University space. I further said it was ironic that the Law Department invited me to speak on the independence of the judiciary, when there was hardly any freedom of expression in the University. I requested the Dean again to proceed with the event, but this request was denied.

By taking the decision to cancel my lecture, the University Administration has set a dangerous precedent against free speech and the exchange of ideas within the University. I hope the university community, including the broader student body and the university lecturers, will take a principled position on this blatant undermining of democratic space and never let it happen again.

On my part, I await the ‘deferred’ invitation to the same lecture series which the Dean promised. I hope you will take a strong stand in this matter and ensure that I will be given the space to speak and express my opinion inside the University of Jaffna and that the University of Jaffna nourishes a culture where people with different views can engage in discussions and debates without any hindrance. 

I await your response.