BASL expresses grave concern over RW’s reference to its President as ‘political lawyer’

• Lambasts remark by Head of State under the cover of the protection of immunity and privilege 
• BASL calls upon President and MPs to “exercise self-restraint” and desist from making statements which will erode the confidence of the public in the legal system and undermine the independence of the judiciary

The Bar Council of the Bar Association of Sri Lanka (BASL) yesterday unanimously resolved to express its grave concern regarding the speech made by President Ranil Wickremesinghe in Parliament on 23 February 2023, where he referred to its President Saliya Pieris PC as a “political lawyer”.

Pieris was appearing for the National Elections Commission in the Supreme Court in a case connected with the conduct of the Local Government elections.

BASL in a statement issued by its Deputy President Anura Meddegoda PC and Secretary Isuru Balapatabendi, said it is a basic right of any individual or corporate body to retain an Attorney-at-Law of their choice to represent their interests in legal proceedings and the members of the Bar have a duty to assist their clients before courts and other tribunals. This is a right of any person before the law, a professional duty of Attorneys-at-Law and a vital function to preserving the Rule of Law and the proper functioning of the legal system.

Article 16 of the Basic Principles on the Role of Lawyers adopted by the United Nations (on 7 September 1990) sets out that: “Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation,  hindrance, harassment or improper interference; …”

The fact that a senior member of the legal profession in Sri Lanka has been subject to personal attacks for representing clients, more so being called a “political lawyer” by the Head of State under the cover of the protection of immunity and privilege is a matter for serious concern.

The above statement was made by the President in the morning hours of 23 January 2023 during a vote called by the Opposition on the declaration of essential services where the President also commented on an Affidavit tendered by the National Elections Commission to the Supreme Court in a case that was fixed to be taken up in the afternoon on the same day.

Thereafter, the President proceeds to respond to certain averments in the said Affidavit.

It is a cause for concern that the President should comment on ongoing proceedings before the Supreme Court just a few hours before the case was to be taken up and comes just days after the media reported that the President made the following statement: “Upcoming election is not a means to change the Govt. Court is expected to make a decision on the election date. However, the country’s economic problem is not something that can be resolved through legal action, even if all judges, including the CJ are involved.”

In a speech to the 21st Commonwealth Law Conference in Zambia in 2019, England and Wales Chief Justice Burnett of Maldon, commenting on the abuse of parliamentary privilege stated that he was concerned with the rare instances “when Parliamentarians have spoken in Parliament in ways that have failed to respect the principle of comity and have not left the courts free to administer justice.” 

Burnett goes on to state: “… Yet the scope for abuse, not only in the context of the defiance of court orders, is great indeed in the absence of appropriate self-restraint or effective rules determined and enforced by Parliament itself.”

The BASL called upon the President and Members of Parliament to “exercise self-restraint” and to desist from making statements which will erode the confidence of the public in the legal system and undermine the independence of the judiciary both of which would ultimately lead to a serious erosion of the Rule of Law.

“This decision to express grave concern regarding the President’s statements which pose a serious threat to the Rule of Law by a statement of the Bar Council was unanimously adopted on a motion moved by the Deputy President Anura Meddegoda PC. Several members of the Bar Council seconded the motion and no member spoke against it,” the statement said. 

“The BASL Deputy President chaired the debate on the motion as, BASL President Saliya Pieris PC, recused himself when the motion was moved as an ‘Urgent Matter’ at the meeting of the Bar Council,” it added.