A-ROW Over SL’s JUDICIARY’S Interdependence & Executive Presidency—BASL Concerned.

Citing an article published on the Island.lk, Controversy and a row  has emerged  following  president’s Participation and the alleged contents of the speech he had made at the events of National Law Conference 23/24, held at the Grand Hotel, Nuwara-Eliya, on 03 June to 29th AGM of the Coconut Growers Association, at the Sri Lanka Foundation, on 04 August. The Sri Lankan opposition parties had heavily criticized comments made by the president stating, “he is interfering and meddling with Sri Lanka’s judiciary’s unbiasedness and with its independence. And this concern has been reached & felt by the Sri Lanka Bar Association (BASL).

BASL President Kaushalya Navaratne yesterday (22-Aug-2023) stated “senior members would be consulted to decide upon the best possible course of action” in this regard.

BASL President had further clarified responding to oppositions criticism that “BASL had always stood for the protection as well as independence of the Sri Lankan Judicial system. And It holds no special considerations for certain individuals in power or for the posts they hold. Absolutely no one should directly, or indirectly, do or say anything which would undermine the independence of the judiciary or the rule of law. Within the democratic process independence of the judiciary is a must.

Mr. Navaratne clarified the executive committee of BASL decided to seek the opinion of senior members, and once a consensus is reached, the BASL would decide on the best possible course of action within the near future.

When questioned about parliament speaker Mahinda Yapa Abeywardena’s comments on the 9thAugust in regards to “courts have no jurisdiction over parliament in regards to motions being passed and such motions can’t be or shouldn’t be challenged” Navaratne replied “executive committee of the BASL in the process of consulting with senior lawyers to obtain their opinion and assessment”.

On August 09th Sri Lankan Parliament Speaker gave an unorthodox ruling that sparked controversy, in regards to Tourism and Lands Minister Harin Fernando (SJB) raising a privilege issue on petitions filed against the resolution on domestic debt restructuring that had been approved by the House.

The President’s actions were rightly criticized by Prof. G. L. Peiris, SLPP group, President’s Counsel Saliya Peiris and three lawyers representing the JVP-led Jathika Jana Balawegaya (JJB) Sunil Watagala, Upul Kumarapperuma and J.M. Wijebandara.  

Further controversies erupted when the government caused an unprecedented legal crisis by ignoring a specific directive issued by the Supreme Court on 03 March, 2023, noted by Executive director of the polls monitoring body PAFFREL Mr. Rohana Hettiarachchi. The intention of the interim order was to pave the way for Local Government polls to be conducted and it was issued on behalf of Secretary of Finance Ministry Mahinda Siriwardena and Attorney General Sanjay Rajaratnam. The Supreme Court has prevented them from withholding funds that were allocated for the 2023 local government elections, through the budget passed by the Parliament.

Many Right groups from both local and international arenas have criticized the government disregarding the apex interim court order being issued preventing the appropriation of money allocated to the government printing press for the printing of ballot papers.

What is very concerning and disturbing was the order was issued by a three-member Supreme Court bench. And the President had the audacity to disregard such a judgment and an order with no consequences because he is protected by privileges provided through the Sri Lankan Executive presidency.