Lawyers’ Collective concern over MPs remarks on judges

The Lawyers’ Collective is deeply concerned by the recent instances where certain Members of Parliament have drawn references to the judiciary and the conduct of judges about specific cases pending before the Court. 

In a media release, the organization said:   
“We note the speech made by Manusha Nanayakkara, Minister of Labour and Foreign Employment in Parliament, on 08.09.2023 in respect of judicial officers at Horana. The Minister in his speech remarked, that certain public officials are now being wrongfully persecuted and at times incarcerated by judges and that judicial hearings are manipulated to serve the interests of certain parties.   

Previously, remarks were made by Sarath Weerasekara, Member of Parliament on 22.08.2023 against the Mullaithivu Magistrate and drew condemnation by the regional bars as well as the International Commission of Jurists.   
Shanakyan Rasamanikkam, Member of Parliament, while calling for an inquiry into allegations against certain senior judges made in a recording he played in part in Parliament, referred to the judges by name, which is improper.   

We note with grave concern certain recent rulings of the Hon. Speaker of the Parliament and remarks by His Excellency the President made in public implying the abridging of the jurisdiction of the judiciary, even before the hearing of particular cases. Furthermore, threats were made to bring Judges of Superior Courts before Parliament, ostensibly under the Parliamentary Privileges Act, to question their order relating to the holding of Local Government Elections.   

This spate of events reflects a dangerous and a systemic trend of restraining the ability of the judiciary to discharge its duties in a free and independent manner.   
Remarks made in Parliament under the cover of Parliamentary Privilege is a serious affront to the independence of the judiciary knowing very well that judges cannot speak for themselves. The said conduct is contrary to Standing Order 83(1) of the Parliament of Sri Lanka which states as follows:   
83. (1) The personal conduct of the President, or the Acting President, Members of Parliament, Judges or other persons engaged in the administration of justice shall not be raised except upon a substantive motion; and in any proceedings, question to a Minister, or remarks in a debate on a motion dealing with any other subject reference to the conduct of any such person shall be out of order.   

We deem these developments warrant the urgent intervention of all relevant stakeholders to safeguard the independence of the judiciary which is indispensable for the preservation of the rule of law.   
We call upon our colleagues in the legal profession to be vigilant as to these imminent threats to the independence of the judiciary and the rule of law as they have a direct impact on the exercise of our profession and its independence. The Public too should exercise vigilance and condemn such interferences with the judiciary as such interferences impede democracy and the rights of the people.   

We believe that the judiciary will demonstrate resilience to withstand these pressures for the greater good of this country and her sovereign people whose powers they are exercising in terms of the Constitution.”   
On behalf of the Lawyers’ Collective a group of President’s Counsels including Rienzie Arsecularatne, Upul Jayasuriya, Dr Jayampathy Wickramaratne, Geoffrey Alagaratnam, Dinal Phillips, Saliya Pieris signed the statement.