Parliamentary privileges Statements with reference to judges, a threat to independence of judiciary : BASL

• BASL is of the view that independent and impartial persons should be appointed to probe into the truth of  allegations made

By Lakmal Sooriyagoda  

The Bar Association of Sri Lanka (BASL) announced that statements being made in respect of ongoing court cases and reference to judges, taking cover on parliamentary privileges, is a direct threat to independence of the Judiciary.   The BASL said it was disturbed by the allegations made by a Cabinet Minister in Parliament on Wednesday (8), in respect of a case which relates to a matter concerning the appointment of an Interim Committee to Sri Lanka Cricket and the alleged conduct of a judge of the Court of Appeal. 

 Sports Minister Roshan Ranasinghe told Parliament that the stay order issued against the interim committee appointed to look into Sri Lanka Cricket by the Court of Appeal President Justice Nissanka Bandula Karunaratne was a conflict of interest.  

“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, the matters which are subjudice (being considered by a court), thus, should be condemned,” the BASL statement said.  
The BASL further announced that it has always acknowledged that 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 is of the view that independent and impartial persons should be appointed to probe into the truth of the allegations made, and, if the said purported allegations are proved to be true, it would undermine the integrity  and independence of the Judiciary. Meanwhile, BASL maintained that if any allegations made against the Judiciary are found to be untrue, the same would attract penal sanctions including Contempt of Court.