• Says it is my duty as the Minister of Justice to inform the House and the people whenever the judiciary fails in its duty

By Yohan Perera and Ajith Siriwardana  
Minister of Justice Wijeyadasa Rajapakshe who raised a privilege issue against the Judicial Service Commission and two judges yesterday requested the Speaker to summon the said judges before the parliamentary privilege committee and mentioned that he would make another request to summon members of the Judicial Service Commission if the need arises.   

The Minister who came up with various allegations against the Judicial Service Commission and the two judges said the following.  
I came up with the following facts in response to a question raised by MP Dayasiri Jayasekera on the conduct of Supreme Courts on June 19 2024. I responded to MP Jayasekera as it was my duty to respond to questions from the MPs on the judiciary as the minister of justice. This is because the MPs cannot raise questions from the judiciary directly.  
Accordingly, I mentioned that Supreme Court had suspended the implementation of section 41(a) of the constitution under which powers have been vested in the President and the Constitutional council to appoint judges to the said court. I said no court has any power to suspend the implementation of the constitution as a whole or a part of it. I said only Adolf Hitler who suspended the part of the German constitution which referred to human rights during World War II had done so before. I also mentioned that a magistrate who was residing at the official residence of Mount Lavinia District Courts had illegally connected a power line to his official residence from the courts complex and an electrician had nearly been electrocuted. The current District Judge who is residing in the said official residence had referred the matter to a judge at the Colombo High Court but he had said he does not have power to investigate the matter. He had in turn referred the matter to the Justice Ministry. A committee which was appointed by the ministry had confirmed that power and water had been taken to the judges’ bungalow in an illegal manner. All documents pertaining to the malpractices had been sent to the Judicial Service Commission secretary but no action has been taken to this date. It is my duty to explain these matters.  

Further the Judicial Service Commission has not taken any action against those responsible for the theft of bottles of whisky from the stores of the Colombo Magistrates courts where judicial products were kept. It has been revealed that the original key had been used to rob the bottles. Also a judge attached to Magistrates Courts Fort has ordered the release of suspects of 16 drug related cases. The Judicial Service Commission Chairman and its secretary have falsely accused me of acting in a malicious manner. Also they have accused me of engaging in a conspiracy to remove the secretary Judicial Service Commission from his post. The press release by the judicial service commission makes it clear that they are involved in malpractices which I have mentioned.  
Around two judges have violated a circular issued by the Judicial Service Commission in 2010 prohibiting  district judges and magistrates from making public statements. They have also violated the circular issued by the Chief Justice prohibiting judicial officers from making statements to the media in 2016. These judges have sabotaged investigations which were being carried out against them for violating the said circulars. One judge has released letters written by him to the judicial service commission to a certain political party before he sent them to the said commission. A certain judge who had been attached to the Galle Magistrate courts has been accused of manipulating evidence to release a person who was charged with assaulting a doctor. This story was revealed by a video clip released to social media by a certain journalist. However no action has been taken by the Judicial Service Commission.  
It is Parliament which has the power to exercise the judicial power of the people. This power which the legislature enjoys is implemented by the judiciary. It is my duty as the Minister of Justice to inform the House and the people whenever the judiciary fails in its duty. More than 50 judges who are concerned and affected by the conduct of the Judicial Service Commission Secretary and the situation pertaining to the judiciary as a whole have thanked me for the action I have taken to inform the public. The conduct of Judicial Service Commission and few judges is a violation of privileges enjoyed by the MPs, the legislature as a whole and the people as per section 3 of Parliamentary Privileges Act.   

The Minister also revealed that the special allowance which was granted to judicial officers has not been given to them but only to those in the Judicial Service Commission. He requested that two judges who had issued press statements in violation of circulars issued by the Chief Justice and judicial service commission be summoned before the privilege committee. “I will request that those in the Judicial Service Commission be summoned before the committee if the need arises. There is no necessity to summon judicial service commission members as they have submitted a letter to the Speaker explaining their position but I will make a request to summon them if the need arises,” he said.