Rule of Law and the Judiciary
One of the three pillars of the modern democratic political system is the judiciary. When the legislature consisting of representatives elected by the people enacts policies, the instrument that implements those policies is the executive.
මනාලයා නැතිව පැවති මගුල
An international workshop on strengthening judicial credibility, attended by chief justices of nine countries and opened by Prime Minister Ranil Wickremesinghe at the Colombo Oberoi, went ahead with the Sri Lankan Chief Justice’s chair empty amid a Free Media Movement protest. The piece notes comments by Justice Bhagwati and Justice Kirby, and describes media lobbies that shielded Lenin Ratnayake and now protect Sarath N. Silva, including an editor barred by his management from criticising the Chief Justice.
චන්ද්රිකා + රනිල් ඒකත් ජයසිරී මංගලම්
With the 19th Amendment blocked, Ivan sees a stalemate that could push Chandrika Kumaratunga and Ranil Wickremesinghe into a temporary political marriage: he to protect the peace process, she to halt inquiries into corruption and crimes linked to her security division and to secure her family’s political future. A second section argues she has turned to wrecking the peace process and defends talks with Prabhakaran. A third questions Chief Justice Sarath N. Silva’s handling of complaints against himself and his alliance with Hemantha Warnakulasuriya.
අගවිනිසුරු සරත් නන්ද සිල්වා සම්බන්ධයෙන් ආණ්ඩුවේ ප්රතිපත්තිය කුමක්ද?
Ivan calls the Kumaratunga era the most shameless assault on the Supreme Court’s independence, with a Chief Justice appointed while himself facing charges, political cases routed to benches he sat on, and dissenting judges pushed out. The UNP’s impeachment motion lapsed with the dissolution of Parliament, yet the new UNF government keeps him in office despite objections from the UN rapporteur Param Cumaraswamy, Mary Robinson, the International Commission of Jurists and the International Bar Association.
Challenges before the constitutional council
Freeing the institutions under the Constitutional Council from politicisation, and directing them so as to guarantee good governance, is one of the council’s main obligations. The first thing it has to do is define properly what the institutions and the posts under it are responsible for.
ව්යවස්ථා සභාව ඉදිරියේ ඇති අභියෝග
Ivan says the new Constitutional Council must win public trust through its conduct, not merely by filling vacancies. He notes gaps in its powers, criticises the retention of incumbent commission secretaries and the Bribery Commission’s Director General, points to conflicts of interest at the Human Rights Commission, Attorney General’s and Elections offices, and argues that the Council should keep the impeached Chief Justice away from judicial and administrative work while it appoints the Judicial Service Commission.
Darkest period of judiciary
The UN special rapporteur on the independence of judges asked, through the Foreign Minister, that the Chief Justice be prevented from sitting while the impeachment was under way. The Justice Minister has protested that no power may interfere with the judiciary, which under our constitution is independent.
මෝඩකමට බෙහෙත් නැත
Justice Minister Batty Weerakoon objected when the UN Special Rapporteur on judicial independence, Dato’ Param Cumaraswamy, asked through the Foreign Minister that Chief Justice Sarath N. Silva stand aside until the impeachment is resolved. Ivan explains Sri Lanka’s obligations under the ICCPR, its 1997 accession to the Optional Protocol, the 1985 UN principles and the 1997 Beijing Statement, recalls Cumaraswamy’s earlier objection to Silva’s appointment over pending complaints and seniority, and calls the People’s Alliance era the darkest in the judiciary’s history.
නීතීඥ සංගමයට ප්රශ්න 6ක්
After lawyers Neil Dias, Chandrapala Kumarage and Sena Liyanasuriya urged the Bar Association to act against Ravaya, Ivan recounts how inquiries upheld Ravaya’s charges against Lenin Ratnayake and Upali Abeyratne and poses six questions: on Sarath N. Silva’s domestic life and judicial ethics, his appointment while disbarment petitions were pending, Abeyratne’s promotion, the trust land obtained while on the Vijaya Kumaratunga commission, his continuing trusteeship, and his ties to Rohana Kumara, a suspect in the Wijekoon murder.
අර්බුදය ගැන ආපසු හැරි බැලිමක්
Answering a reader who asks why Ravaya keeps writing about Sarath N. Silva, Ivan retells how his suspicions began with the Lenin Ratnayake affair: the rape allegation reported in 1997, police findings that Ratnayake had been dismissed from the Insurance Corporation for fraud, and a confidential 1998 report in which Silva as Attorney General shielded him. He describes the Bar’s past presidents’ resolution, the inquiries that found Ratnayake and Upali Abeyratne guilty, his own disbarment petition, and Silva’s appointment as Chief Justice, and calls for his removal.