MPs should not interfere with judiciary under cover of Parliamentary Privileges: BASL

The Bar Association of Sri Lanka (BASL) observed that Members of Parliament should not interfere with the functions of the judiciary or the Judicial Service Commission (JSC) by making statements under the protection of Parliamentary Privileges.   

Issuing a statement in light of the speeches made in Parliament on June 19 by the Justice Minister and several other Members of Parliament, the BASL stated that such statements will have serious consequences by undermining the public trust and confidence placed in the judicial system of the country. The BASL stated that the functions of the judiciary should not be interfered with by the legislature, as the JSC is vested with the disciplinary control of the judicial officers of the minor judiciary.   

“Any alleged misconduct on the part of any judicial officer must be first inquired into impartially and if found guilty dealt with severely as the office of a judge is sacrosanct in the minds of the people. There were references being made to the official conduct of individual judges and the orders made by certain judges in cases pending before the Court, where the Minister himself was a litigant”, the statement added.   

The BASL maintained that these statements are serious threat to the rule of law, and the independence of the Judiciary and as an unwarranted interference with the functions of the judiciary especially since any comment made by a Member of Parliament within the well of Parliament referring to an individual judicial officer cannot be responded to by such judicial officer. This statement was issued under the signature of BASL Secretary Chathura Galhena.