Government must respect judiciary: Cardinal

Colombo, August 26 (Daily Mirror) - Whilst highlighting that he is deeply disturbed by the recent statement by the government that criticised the judiciary, Archbishop of Colombo Cardinal Malcolm Ranjith said no one should interfere with the activities of a judge.

“At the core of judicial independence is the complete liberty of judges to hear and decide cases that come before the court. No outsider, whether the government or otherwise, should interfere or attempt to interfere with how a judge conducts a case or reaches a decision,” Cardinal Ranjith said in a statement.

He said the following in his statement: "I have been deeply disturbed by recent statements made by the government criticising judges who have issued certain rulings unfavorable to them. Judicial independence is a sine qua non in a free and democratic society. It cannot be safeguarded by mere proclamations; such declarations are rendered meaningless if judges are subsequently criticised or the judgments given are deliberately rejected by the powers that be. If a judicial order is wrong, recourse should be brought to the judicial process itself in order to correct it.

"The absolute independence of the judiciary is the cornerstone of the Constitution, serving as a bulwark against encroachment by the Executive or any other state institution. Judicial power entails not just the capacity for adjudication but also the authoritative nature, binding consequences, and cohesive effect of court decisions. Impartiality, independence, fairness, and reasonableness in decision-making by the judiciary are the hallmarks of a robust democracy. If impartiality is the soul of the judiciary, then independence is its lifeblood. Without independence, impartiality cannot flourish.

"At the core of judicial independence is the complete liberty of judges to hear and decide cases that come before the court. No outsider, whether the government or otherwise, should interfere or attempt to interfere with how a judge conducts a case or reaches a decision. Judges are not beholden to the government of the day. It is egregiously wrong to be of the view that the judiciary is subordinate to the Executive and the Legislature. The three arms of the state are equal and must respect each other.

"The independence of the judiciary is guaranteed by the state and enshrined in the Constitution. It is, therefore, the duty of all governmental and other institutions to respect and uphold the independence of the judiciary, ensuring that it remains free from any form of interference or undue influence. The value of the independence of the judiciary is felt by the poor, the powerless, and politicians themselves who are not in power.

"The Church calls upon all concerned not to attack the last bastion of the protection of the people."