‘Justice Bullied is Justice Buried’: Justice buried is democracy deep-sixed

By the Sri Lanka 

Study Circle 

Gota castigates the Judiciary  

In the background of a recent spate of headline making news, Aurelius’ piece on ‘Justice Bullied is Justice Buried’, published earlier this year in the Lankaweb – Sri Lanka’s deservedly the most popular, courageous and uncensored e-newspaper, at one time – has acquired grim and menacing undertones. LankaWeb – Justice delayed is justice denied – justice bullied is justice buried!  

On 14 February, Gotabaya had, while addressing a gathering of distinguished attendees at the National Law Conference in Negombo, castigated the Judiciary. “Considerable harm could be caused to democracy by the Judiciary needlessly interfering in the functioning of the Executive and Legislative branches of the Government. It is therefore important that the Judiciary does not obstruct the development efforts undertaken by the Executive to ensure the wellbeing and prosperity of the people.”  

Gota’s legal experts deliberately misleading him?

When the question was posed to a cross-section of lawyers whether there had ever been any instance, in Sri Lanka’s judicial history, of the Judiciary ‘needlessly’ interfering in the functioning of the Executive and the Legislature, most of them, if not all, responded in a derogatory manner.  

One of them articulated: “If anyone seriously made such a statement, it would only be a reflection of an uncultivated mind.”  

It is evident that Gotabaya, a political neophyte, is lurching and blundering his way through, in the political maze, issuing a series of half-baked gazewwttes, directives and statements; his glaring disability to meaningfully engage in conceptual thought and his seeming impediment in envisioning the bigger picture is hurting the country; this lacuna has been identified by the global players and is being exploited. 

Understandably, Gotabaya’s knowledge of the law is poor; but then, he has ‘experts’ around him who should be advising him. Are these experts deliberately misleading him to project him, in a bad light, to the people? If that is their motive, they have been highly successful.   

Concept of separation of powers

The Judiciary cannot initiate on its own, any action against any acts of the Executive or the Legislature, be it needfully or needlessly.  

The concept of ‘separation of powers’ between the three arms of Government – the Executive, the Legislature and the Judiciary – is written into our Constitution; it is an implanted safety mechanism to protect the people from possible excesses or abuses of power by any of the three arms of Government. 

It is the people who may initiate action in court against, any questionable legislation passed in Parliament or any dubious act of the Executive. The Judiciary is induced to act only when a person petitions the Judiciary.  

If the Judiciary considers such a petition worthy of judicial scrutiny, then only would the Judiciary study the petition and make thereafter a judicial pronouncement. 

What is Gota asking the Judiciary to do?

Was Gotabaya suggesting that the judiciary should not consider petitions, even if petitions are worthy of judicial scrutiny?  Or was Gotabaya suggesting that the Judiciary, on studying any petition by the people against him, as Executive, for any abuse or illegal exercise of power, should dismiss the petition, even if it merited redress? 

The word ‘needlessly’ used by Gotabaya is inappropriate and many believe that he could be held liable for contempt of court.  

Then again, is Gotabaya insinuating that there are times when the Judiciary, needfully or needlessly, interferes with the working of the Executive and the Legislature?  

Or again, is Gotabaya by innuendo implying that the Sri Lankan Judiciary are susceptible to influence and interpret the law according to their whims, fancies and extent of influence? 

In contempt of court and Parliament?

When Gotabaya, unsolicited, spoke in Negombo on behalf of the Legislature, it could be rationally argued that he is in Contempt of Parliament and in breach of a very important tenet of democracy, the principle of ‘The separation of Powers’; this is a constitutional requirement to protect the people and to keep alive the checks and balances of governance.  

People query: “Who gave Gotabaya the authority to speak on behalf of the Parliament, undermine the authority of Parliament and usurp the role of the Speaker?”  

Do Gotabaya’s legal advisors not know, that needfully, needlessly or otherwise Gotabaya has no right whatsoever to tell the Judiciary, the third independent arm of Government, how they should act? Is Gotabaya suggesting that the Judiciary are a bunch of dullards who would act irresponsibly and irrationally if not for his intervention?  

Gota a three-in-one

And, does he place himself on a pedestal, considering himself, as Executive, to be infallible to direct and control the Legislature and the Judiciary? By his actions, he appears to have unconstitutionally telescoped the three arms of Government into just one. 

The question on the lips of a good cross-section of people is: “Did the members of the third estate feel threatened, intimidated or overawed by Gotabaya’s outburst? Or were they unfazed and simply not influenced by Gotabaya’s tirade? Or, did anyone see a window of opportunity to be exploited from that eruption?” 

Sri Lanka’s shame: Legal fraternity silenced

Strangely, not a single lawyer of any hue nor any of the usually vociferous Foreign Government Organisations (FGOs) have challenged any of the major issues that have surfaced from the Gotabaya tsunami and which needs to be challenged in a healthy and dynamic democratic State. This is a sad commentary on the state of Sri Lanka’s legal profession.

The FGO stance is understandable; having to sing for their supper, they perforce have to yodel to the tune of ‘yankee doodle dandy’ the same tune to which Gotabaya taps his toes. 

Many are asking: “Is this the beginning of the end? A State, hurtling to sure-destruction, pushed over the edge by a crypto-American Government?”