Shadow Boxing With The Independence Of The Judiciary

By Kishali Pinto-Jayawardena -September 29, 2012

Kishali Pinto-Jayawardena

President Mahinda Rajapaksa’s indignant retort to newspaper editors this week that he did not attempt to interfere with the independence of Sri Lanka’s judiciary has all the hallmarks of the classic ‘swing and swerve’ tactics adopted by his administration. In other words, this refers to its now entrenched policy of swinging out at an individual or institution and then adroitly swerving sideways to avoid consequences while engaging in the most palpable if not absurd falsehoods to serve its purpose.

Ambiguities in the Presidential utterances

Sweetly reasonable as the President’s words may appear to be, closer dissection of what he said by those of us who care to utilize our mental faculties to do so, exposes clear ambiguities. For example, the thrust of his explanation was that he had requested a meeting with the Judicial Service Commission (JSC) to ‘discuss with them some matters such as training, welfare, allocations from the forthcoming budget,’ (The Island, September 27th 2012).

But are we then required to believe that the JSC and its unfortunate Secretary who is now reportedly to be inquired into by the Government for matters that remain shrouded in secrecy (as reported in that same newspaper), would have taken leave of its collective and individual senses to publicly complain that ‘it is regrettable to note that the JSC has been subjected to threats and intimidation from persons holding different status’ merely over a pedestrian discussion on training et al? Surely this is to strain our credulity too far, to put it in the most understated terms?

Note that the JSC statement, specific details of which became public over last weekend, did not mention a Presidential request to meet the JSC. This request was merely circulated through public rumor and it is certainly good to know that confirmation of the same was provided by the President himself later on in the week, despite the unconvincing explanation advanced as to the reasons therein.

Due credit to the JSC for going public                                     Read More