COLOMBO – Statements on ongoing court cases and references made to judges behind the cover of parliamentary privilege are a direct threat to judicial independence, the Bar Association of Sri Lanka (BASL) said pointing to controversial remarks made by a cabinet minister on a case regarding cricket administration.
In statement issued on Thursday (9), the BASL said it was disturbed by allegations made by a minister on Wednesday (8) in respect to a case concerning the appointment of an Interim Committee to Sri Lanka Cricket and the alleged conduct of a judge of the Court of Appeal.
“The independence of the judiciary is a fundamental principle of the rule of law and therefore, any form of undue interference with judicial independence is extremely serious, and would erode public confidence in the judiciary, particularly, matters which are sub judice and thus, should be condemned,” it said noting that the BASL has always acknowledged an independent judiciary is the key to upholding the rule of law in a free society, on the guarantee that judges will be free and will be perceived to be free to make impartial decisions based on the facts and the law in each case, and to exercise their role as protectors of the rule of law, without any pressure or interference from other sources, especially the government.
“The BASL strongly feels that statements being made in respect of ongoing court cases and reference to judges, purportedly taking cover under parliamentary privileges, is seen as a direct threat to the independence of the judiciary,” the statement said, pointing out that the legal fraternity has continuously raised serious concerns regarding this matter.
The BASL also emphasized its strong belief of the judiciary being built on a foundation of faith and confidence of the general public, and thus it was of paramount importance for judicial officers to ensure the said public trust is safeguarded.
The BASL reminded the relevant MPs that the right to represent a client is a professional right which has been safeguarded by law, and any threat to the right, is an attack on the profession at large, and highlighted the case Wijesundara Mudiyanselage Naveen Nayantha Bandara Wijesundara v Sirwardena and Others (SCFR 13/2019), where the Supreme Court observed: “Thus, there is no dispute that the legal profession is a sine qua non for the due administration of justice in this country and for that matter in any civilized society. The said profession is essential for the maintenance of the rule of law and maintenance of law and order and its due existence is of paramount importance to the organized functioning of the society which is primarily the basis for the smooth functioning of the country as a whole.”
However, in view of the serious allegations made against the alleged conduct of a judge in the well of Parliament, the BASL said it is of the view an independent and impartial persons should be appointed to probe into the truth of the allegations, and, if the purported allegations are proved to be true, it would undermine the integrity of the judicial system, and if the said allegations are found to be baseless, the same would undermine the independence of the judiciary and the integrity of Sri Lanka’s justice system.
“Any allegation made against the judiciary found to be untrue, the same would attract penal sanctions including contempt of court,” the BASL said reiterating its commitment to upholding the rule of law, can making a stall call on the stakeholders to act within the provisions laid down in the constitution, and protect the independence of the judiciary at any cost.
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