Sri Lanka’s Judiciary must be biased & safeguard Sri Lanka’s Sovereignty & Protect the Rights of Citizens
Posted on October 4th, 2020
The Judiciary is one of the 3 pillars representing the People’s sovereignty. If the other 2 pillars fail the People, the Judiciary is left to fill that lacuna. While the Judiciary must uphold its independence, it has to be biased towards safeguarding the sovereignty of a nation & upholding the fundamental rights of the citizens. By biased, the implication is that any judgment impacting the Nation & its future must always be swayed in the interest of the Nation & its People and no other.
Sri Lanka’s judiciary has weathered many storms.
We have had a CJ removed following due process but the West used the incident as a tool for political advantage, but the same West chose to look the other way when another CJ was removed simply by not allowing him to enter his chambers.
We’ve seen a CJ removed simply for a speech at a school prize-giving in 1984.
We’ve also seen homes of judges pelted with stones also during the 1980s simply because they did not tow the government’s line.
If that was not enough we saw brazen interference by foreign envoys even attempting to intimidate the judges by sitting in court and frantically lobbying during the October 2018 constitutional crisis. It was round about the same time that rumors were afoot of foreign trips as reward for following instructions.
We’ve even heard a MP claiming he has an audio recording of a foreign embassy taking members of the judiciary to a foreign country and then telling them to frame bogus charges against individuals which included the sitting President.
We’ve also heard shocking video tapes taken by another MP of conversations with judges who were pleading for promotions and agreeing to assist with political demands.
We’ve even seen fellow lawyers wash dirty linen of their own fraternity in public https://youtu.be/1rgEDFGQoLE
All this has been an affront on the judiciary and one that the Judiciary top down cannot ignore. As humans, members of the judiciary too have their weaknesses and it is obviously these grey areas that are being tapped or manipulated.
But as a powerful beacon and pillar standing up for the interests of the Nation & its People, the judiciary must showcase its superiority in terms of integrity of office and conduct.
In such a scenario, the Bangalore Principles comes to mind with significant inputs by late Justice Weeramantry.
The Judiciary certainly needs to play a pivotal role in protecting Sri Lanka – Sri Lanka’s sovereignty, territorial integrity, Sri Lanka’s assets & resources and most importantly protecting the Citizens.
That fundamental rights cases take around 75% of Supreme Court time reiterates the value of the 3rdpillar of governance articulated in Article 3 of Sri Lanka’s Constitution with the Supreme Court duty-bound to hear the People and serve the needs of the People.
In the Republic of Sri Lanka Sovereignty is in the People and inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise”.
Unfortunately, the Supreme Court’s role in determining if a Bill is inconsistent with the Constitution or if a Bill amending the Constitution requires a referendum can happen ONLY if & when, within a week, citizens petition Supreme Court after a Bill is placed on the Order Paper of Parliament.
So, inspite of Article 3, the People have just one weekto petition Supreme Court against a Bill and in turn the Supreme Court, to help People uphold their sovereignty can only do so after a Bill is placed on the Order Paper of Parliament & after the citizens make use of the 7 day window to challenge the Bill.
Therefore, given this restriction for both Supreme Court & the People, it is crucial that the Supreme Court in its determination take the side of not political parties or individuals but what a Bill could do to the future of the Nation vis a vis national security, sovereignty & territorial integrity.
This is why in the context of determining Bills of National significance & relevance, the Judiciary must be biased and look at what dangers a Bill can result in to the Nation & the People and thereby determine the Constitutionality & whether it requires the People’s mandate via referendum.
The Judiciary must at all times have the wellbeing of the Nation’s sovereignty, territorial integrity & future interests of the Nation & people when making determinations on Bills of National relevance in particular constitutional amendments.
The role of the Judiciary is far more than determining words or clauses on a piece of paper. Their determination holds the key to the future of the Nation and where the Nation is headed. Sri Lanka aspires to develop following a non-aligned policy concentrating on a Sri Lanka First approach at all times.
Shenali D Waduge
October 4th, 2020 at 2:47 pm
They keep postponing cases for decades, can’t be that good.
October 4th, 2020 at 2:49 pm
Lets have a upper house like the old senate where most of the honourable citizens were members.
October 5th, 2020 at 4:40 pm
“The role of the Judiciary is far more than determining words or clauses on a piece of paper. Their determination holds the key to the future of the Nation and where the Nation is headed. Sri Lanka aspires to develop following a non-aligned policy concentrating on a Sri Lanka First approach at all times.”
It is abundantly evident what Sri Lanka has, is a subservient and a very primary judiciary who are mainly looking after their survival and any benefits they can accrue in the process of serving powerful masters be they in Sri Lanka or abroad. They are meek as mice in front of the powerful and powerful as tigers when dealing with ordinary helpless citizens. They won’t bat an eye to take action against a person who ‘sneezes’in courts, but fail to do justice to big, rich and powerful crooks who rob the nation in broad day light! They famously ‘look the other side’ when well heeled ‘lawyers’ show ‘ loop holes’ in the all powerful law to exeonerate crooks and criminals!
They must understand that they are not there only there to interpret what can come out of the 225 in the parliament later but also to see that the legislature that comes through the parliament are seen to be coming through a proper legislative process at the time of their making and not the excreta of a bunch of rowdies behaving badly! In the minimum the people who are supposed to be sovereign must be made to feel that the arm of the State that interpret the legislation are doing their ‘bit’ concsiously and judiciouly!
During the passing of the 19th Amendment it was obvious even to those not versed in the legalese – such as a people’s jury – that it was done with many ulterior motives, self serving and not passed into law with proper scrutiny and debate. When the powers of one leg of the State are weakened they should have known that the whole machinery of the State would become lopsided and not serve the interests of the people.
It was this very situation that the exalted Judiciary of Sri Lanka upheld only after looking at the ‘grammer’ of the 19th Amendment. This is how the non performing parliament was reinstated after its dissolution by a lame President. They should have seen to that in the first place the whole of the 19th Amendment is a ‘legal rag’ not worth talking about. From the proceedings at the President’s Commission on the Easter Sunday Massacres it is obvious that the then President was working ‘half naked’ and without powers.
On 8 Jan 2015 the Jadapalanaya comes power and immediately Ranil W was appointed the PM while still not having a majority in the parliament. The Chief Justice was replaced without even informing the incumbent. Ranil W takes over a part of the Central Bank that deals with the Central Bank and carries out a heist within 8 weeks of coming to power. This was to be followed by many a misdemeanours as well as frauds and a follow up Bond Scam exactly an year later in March 2016!
It is exactly similar circumstances that necessitate the dissolving of a non performing parliament and the President to call for fresh elections. There are no two words that there must be an authority to sack a non performing parliament. This is what was neglected by the self serving judiciary when they voted in toto to bring back Ranil W and his corhorts back to power in Nove 2018!
Due to the 19th Amendment here was no recourse to justice possible for the People of Sri Lanka as there was no provision in the eyes of the Judiciary – That is till after the completion of four and half years since being elected to power to dissolve even the most corrupt and non performing legislature!
What a sorry mess!