Government Should Not Intervene with The Sovereignty and the Independence of the judiciary…

At in a forum convened by Sri Lankan lawyers Gathering held at Colombo under the theme The Executive, Democracy and Judiciary. This conference was attended by all senior members of the Sri Lanka Bar Association, including former chairpersons, many notable attorneys, civil rights activists, and many intellectuals involved in the Sri Lankan legal framework.

Mr. jayampathy wickramaratne, a prominent Presidential attorney, stated at the conference that despite the fact that the judiciary operates in the name of representing the state, it must operate completely independently from both the Constitution that established the judiciary and the Constitution that executes the Judiciary itself.

He commented on what had taken place in regards to debt restructuring policies being challenged within the Sri Lankan judiciary and at that instance the government and the President had stated no other external institution nor an individual a part from Parliament itself have the jurisdiction to challenge in that matter. And the speaker of the house has stated that even the highest levels of the judiciary have no authority or right to rule against decisions and actions taken or approved by the legislature.

I must reiterate both of these statements are completely unacceptable and incorrect.

In accordance with the constitution and the law, when it comes to reevaluating government-imposed rules and regulations and when these rulings and regulations are being challenged within the judiciary, no one should exert external pressure to interfere with the judiciary’s activities. As legal scholars, we would like to reiterate that any interference with judicial proceedings, whether direct or indirect, will not be tolerated and will be severely condemned.

We, the intellectuals and legal professionals, are unwittingly committed to democracy, the rule of law, and the complete independence and sovereignty of the judiciary. Also, in situations where certain judges are unable or threatened to express their own opinions on judgments, we, the community of attorneys and the intellectuals of the law, are there to defend their voices and rights.

Professor Wasantha Senewirathna, a member of the University of Colombo’s law faculty, stated at the conference that the implementation of the judiciary reinstates and asserts the people’s absolute power and authority. It genuinely demonstrates and displays the executive authority of the people. In another context, exemplifies the judicial authority of the people. Fundamental human rights and the ability to vote for all community members. Therefore, regardless of the nature of these institutions or their executive authority, they must all operate within the framework of serving the public interest. According to democratic principles and values, it is neither prudent nor permissible to provide a particular branch of government or an individual with excessive executive power.

Presidential lawyer Dr. Saliya Peris, a former chairperson of the Sri Lanka Bar Association, stated at the conference that as intellectuals and professionals representing the country’s Judiciary, we expect and hope to serve the people of this country and represent their interests and rights before the national judiciary. We are optimistic that the community of professionals engaged in law and judicial activities will have the capacity and willingness to exercise Sovereignty of Institution of law and order. And no other external forces will unintentionally influence the judiciary’s decisions.

Dr. Peris further elaborated the Indian newspaper The Hindu has dubbed individuals engaged in judicial activities as “communities with reasons” . We should be aware as well as be highly critical of it’s full independence  of the judiciary  and if that independence were to be compromised the repercussions can be devastating for both the country and to the society.

Pointing out to one of the attendees at the  conference former Chief of Police Mr. Shani Abeysekara

Dr. Peris Declares Mr. Shani Abeysekara is acutely aware of the significance of the independence of the judiciary and how it influences the verdicts it renders. People must recognize the importance of strengthening low and judicial institutions at all costs.

The Judiciary cannot afford to appoint committees to investigate why, how, and when a crisis occurred every time one arises, nor can it afford to wait for such committees to resolve certain issues over extended periods of time. And if some members of the judiciary prefer to approach questions in this manner rather than confronting the issues at hand, the judiciary has no use for or relationship with such individuals or actions.

Mr. Upul Jayasuriya, the president of the Sri Lanka Bar Association, and a presidential counsel, also spoke. Every time we discuss the Judiciary, we emphasize its independence, but we never consider Parliament’s independence or impartiality when it comes to the passage of certain legislation. Not to mention, when it comes to executive, we never doubt its independence or impartiality in making decisions. But when it comes to the independence and freedom of the judiciary, it is the responsibility of legal professionals to address its shortcomings.

himself is very well aware importance of independence of the judiciary and how it affects judgements it hands down as it’s verdicts  people need to realize the importance of strengthening Institutions belonging to low and judiciary

the Judiciary cannot for to  allow whenever a crisis appear appoint committees to looking into the circumstances of what had taken place  as why how when as such  nor it can it  afford to  waite  for prolonged periods of time for certain problems to be resolved through such appointed committees and if some individuals within the judiciary like that who prefer to instead of addressing issues at hand leave them behind to be resolved later with the Judiciary have no use of such course of actions no with such individuals  take such decisions