Lawyers’ Collective raises concerns over independence of judiciary

Speakers at the public seminar organized by the Lawyer’s Collective to raise concerns regarding threats to the independence of the judiciary

The Lawyers’ Collective, a group of a large number of senior legal practitioners alleged that there is a fear psychosis looming in the country as the rule of law and the independence of the Judiciary are at a stake following the recent statements made by the Executive and the members of the legislature.  

Originally formed in 2012 following the harassment meted out by the government against the then Chief Justice Dr. Shirani Bandaranayake, the Lawyers’ Collective is of the view that if the lawyers remain silent, the recent statements made by the President, Ministers and MPs could cause adverse impact on the independence of the Judiciary.  

Unless speedy action is taken to protect the independence of the Judiciary and to restore the law and order, the sovereignty of the people is in peril, according to the Lawyers’ Collective which spoke to journalists recently.  
“There is no need to emphasize the importance of having independence of the Judiciary, the rule of law and the sovereignty of the people, said Senior Presidents Counsel Dr. Jayampathy Wickremaratne.  
Senior and junior members of the legal fraternity have come together to ensure the integrity of the country’s Judiciary independence.  

President Ranil Wickremesinghe at the annual Coconut Growers Conference held on August 4, at the Sri Lanka Foundation Institution said that the government would only heed advice from the Parliament with regard to the debt optimization process and asserted that only Parliament holds authority over government fiscal control.  
Meanwhile, Speaker Mahinda Yapa Abeywardena undermining judicial powers told in parliament that no court established under the Constitution of Sri Lanka is empowered, to issue orders or judgements of any nature against a resolution, already passed by Parliament having followed the due Parliamentary process, and any such order or judgement of courts would amount to a violation of item 01 of Part B of Parliament (Powers & Privileges) Act, No. 21 of 1953 (as amended).  

The Lawyers’ Collective is of the view that if the lawyers remain silent, the recent statements made by the President, Ministers and MPs could cause adverse impact on the independence of the Judiciary

 After the Supreme Court issued an Interim Order on March 3, 2023, on Finance Minister and Secretary to the Treasury to spend the money that was allocated from the 2023 National Budget to hold the Provincial Council elections as approved by the parliament, MP, Attorney at Law, Premnath C. Dolawatte told the parliament that the three member Bench should be summoned to Parliament for issuing such an order which violates powers and privileges of Parliament.  

MP Dolawatte further stated, ‘Under Article 43(1) read with Article 148 of the Constitution, the Finance Minister is responsible to Parliament which controls public finance and financial regulations. The Interim Order issued by the judges of the Supreme Court attempts to prevent the implementation of these laws and make the control of public finance by Parliament nullity. It is also an interference with the sacred powers vested in Parliament in respect of the control of public finances. The budget estimates is not a law nor a legal document. It is a summary of the Appropriation Bill for 2023 to assist Parliament’.  

Considering these imminent threats, Dr. Jayampathy Wickremaratne addressing  
the Lawyers’ Collective conference, said that the Judiciary is responsible for interpreting, defending and applying the country’s constitution and the law and resolving legal disputes involved with the Executive or with the legislative decisions.  
According to Dr. Wickremaratne, the remarks made by the Executive, the Speaker and MP Dolawatte have disturbed the whole country.  

“The President’s claim that the government should not heed the orders or advice from any other party except Parliament is an obvious reference to the Judiciary with regard to debt optimization. The remarks made by the Speaker that no court is empowered, to issue orders or judgements of any nature against a resolution passed by Parliament is wrong. Internationally reputed Justice Weeramantri in one of his judgements said that Parliament resolution approved by the Parliament is not immune from being reviewed by the court. Justice Mark Fernando after his retirement in one of his articles too confirmed what Justice Weeramantri stated,” Dr. Wickremaratne said.  
Meanwhile allegations have been levelled against the Bar Association of Sri Lanka (BASL) for being on a mute mode when the Executive, the Speaker and MP, Attorney-at-Law Premnath C. Dolawatte made detrimental statements that compromise the independence of the Judiciary.  

“The BASL raise their voice only when they think that the present rulers are affected by the decisions taken by the Judiciary. They have to speak when the Judiciary is under attack by the politicians,” the Lawyers’ Collective said.   
According to the Lawyers’ Collective, the Judiciary must not be impeded directly or indirectly.  

 “It is the duty of the members of the legal profession irrespective of party politics to speak on behalf of the Judges who unfortunately cannot speak on behalf of themselves against these threats,” they said. According to them, Dolawatte became a mouthpiece of somebody else to read out a detrimental statement given to him.  
“Although the three member Bench was not so far called before Parliament, we cannot consider that the government has given up the idea. They can be summoned at any time. But we will not allow this to be happened,” sources said.  
Speaking at this conference, former President of the BASL, Senior President’s Counsel Upul Jayasuriya questioned whether Sri Lanka is a democratic country.  

Unless speedy action is taken to protect the independence of the Judiciary and to restore the law and order, the sovereignty of the people is in peril 

“If this is a democratic country, the Judiciary should be independent. We talk about the independence of the Judiciary but do we talk of the independence of the Executive and the Legislative?” Jayasuriya queried.  
It was hailed as a democratic order. The same Judge who is now in the SC, who was sitting as the Chairman of the Bench when the FR application against the government decision to hold back the Local Government Election was taken up, stayed the order preventing the Treasury Secretary from not spending money for the election is now considered as unfavourable to the Parliament. If this trend is allowed to continue of such nature holding of the Presidential or General Election would be in jeopardy,” Jayasuriya said. 

Criticizing the statement made by the Speaker, Jayasuriya recalled former Speakers Stanley Thilakaratne and Karu Jayasuriya with veneration for standing firm for parliamentary rules and its decorum.  
“When the Press Bill was moved by his own party, Stanley Thilakaratne refused to take up the matter noting that it is not in accordance with the parliamentary rules. In the same way, Karu Jayasuriya single-handedly fought for the rule of law and for the parliamentary privileges at the time the Parliament was dissolved illegally by President Maithripala Sirisena in 2018,” he claimed.  

He further criticized the statement made by the President of the BASL at a recent ceremonial sitting at the Court of Appeal, how the Judiciary should act in harmony with the Executive and the Legislative.  
“The lawyers should get activated. We are at a threshold where the independence of the Judiciary and its integrity is compromised. An eminent Judge who was in the Bench when the case was taken up against the illegal Parliament dissolution in 2018, gave the order that the dissolution was illegal. It was hailed as a democratic order.   
Former President BASL, Saliya Peiris PC meanwhile said more the lawyers get stronger, more the members of the Judiciary get confidence to stand firm against any threat levelled against them.  

“When we organized the Lawyers’ Collective Conference, some were asking who is behind this move. I should tell those who are worried about this movement that there is no one behind this other than the members of this Collective. We don’t have a hidden agenda. Our only aim is to protect the independence of the Judiciary and to ensure that neither the Executive nor any other element interfere with the Judiciary,” Peiris said.  
He further said how the legal fraternity in the country boycotted the opening of the new Supreme Court building following the murder of their fellow member Wijedasa Liyanarachchi in 1988.  

“It was the President who was the Chief Guest at this opening. All the lawyers boycotted this event to show our displeasure against Liyanarachchi’s murder. There we were able to show the strength of the lawyers,” Peiris said.  
Former President Bar Association Jeoffrey Alagaratnam PC, MP M.A. Sumanthiran PC and Senior Attorney at Law Upul Kumarapperuma were amongst the speakers who addressed the Lawyers’ Collective Conference.  
Meanwhile, President BASL, Attorney at Law Kaushalya Navaratne and few other members met the Speaker in Parliament recently to lodge a complaint claiming that the rule of law and the independence of the judiciary are being affected by the statements made by certain MPs.  

It is said that the most recent incident of criticism of Judges, came from Minister Manusha Nanayakkara who criticized Judges of Horana Magistrate’s Court violating the Parliamentary procedure in regard to an ongoing case. Such turn of events are unprecedented and are becoming the rule than the exception. Horana Lawyers have denied all the facts as stated by the Minister in Parliament and protested on his conduct.