Judiciary Should Not Be Subject To Perks

By Ananda Markalanda –February 16, 2016 

Ananda Markalanda

Judiciary should not be subject to perks, whims and passions of the executive

At a time we celebrate 68 years of Independence with pomp & glory, it seems most media is focusing headlines on Rajapaksas, Gnanasaras, Wele Sudas, Weerawansas and Ministers. Our pressing issue of Sri Lanka’s judiciary is conveniently ignored though it is under heavy pressure to restore its independence and integrity from inside and out. We don’t want a justice system that undermines its independence and compromising its integrity, permitting the international community and the professional body of lawyers of Sri Lanka to make remarks detrimental to the people’s trust and confidence in it. We should not be surprised that our country’s judicial system might undergo further scrutiny based on the happenings of last two decades beginning with corrupted CJ’s in the caliber of Sarath N Silva, Asoka De Silva, and Shirani Bandaranayake, Mohan Pieris and again Bandaranayke to K. Sripavan. Look at their behaviors from the bench and now finding its way to general acceptance. This was observed by many independent organizations including UN and Commonwealth. This is our revered Supreme Court.

During his tenure as Attorney-General and the government’s top Legal Advisor Mohan Pieris consistently blocked efforts to hold the government responsible for serious human rights violations and disregarded international law and standards, said Sam Zarifi, ICJ’s Asia director. President Mahinda Rajapaksa appointed the eighth most junior person of the Attorney General’s office, Buveneka Aluvihare, to the Supreme Court. Aluvihare was one of two individuals who successfully prosecuted and obtained a conviction against General Sarath Fonseka, President Mahinda Rajapaksa’s main political rival in the 2010 election In January 2013, immediately following the impeachment of Chief Justice Bandaranayake, the President appointed his own former legal advisor and Attorney-General Mohan Pieris as the new Chief Justice. Mohan Pireis had never served as a judge. During his 33-month tenure as Attorney-General, he did not prosecute a single case of crimes committed against journalists, human rights defenders or lawyers. A Mannar District Court judge was threatened by a Government Minister. The Secretary of the Judicial Service Commission was assaulted by four men with a pistol and an iron bar in his car on a public street, resulting in his hospitalization. No action and Minister is still a Minister.

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