Lawyers express concern over references to judiciary by MPs

Recently established Civil Society group, the Lawyers’ Collective issued a statement yesterday expressing their concern on the recent instances where certain MPs have drawn references to the judiciary and the conduct of judges in relation to specific cases pending before the Court.

Commenting on a recent speech by Labour and Foreign Employment Minister Manusha Nanayakkara regarding the judicial officers at Horana, the organisation noted that  Nanayakkara had remarked, that certain public officials are now being wrongfully persecuted and at times incarcerated by judges and that judicial hearings are manipulated to serve the interests of certain parties.

The Lawyers’ Collective said similar statements were made by MP Sarath Weerasekara and MP Shanakyan Rasamanikkam in parliament as well.

“We note with grave concern certain recent rulings of the Speaker of the Parliament and remarks by His Excellency the President made in public implying the abridging of the jurisdiction of the judiciary, even prior to the hearing of particular cases. Furthermore, threats were made to bring Judges of Superior Courts before Parliament, ostensibly under the Parliamentary Privileges Act, to question their order relating to the holding of Local Government Elections,” the organisation said.

“This spate of events reflects a dangerous and a systemic trend of restraining the ability of the judiciary to discharge its duties in a free and independent manner,” it added.

The Lawyers’ Collective said the remarks made in Parliament under the cover of Parliamentary Privilege is a serious affront to the independence of the judiciary knowing very well that judges cannot speak for themselves. It also said the conduct is contrary to Standing Order 83(1) of the Parliament of Sri Lanka.

The organisation called on fellow legal counsels to be vigilant as to these imminent threats to the independence of the judiciary and the rule of law as they have a direct impact on the exercise of our profession and its independence. “The public too should exercise vigilance and condemn such interferences with the judiciary as such interferences impede democracy and the rights of the people,” it added.