When AG was ‘Your Obedient Servant…’ Under Sirima, Dudley, JR, Premadasa and MR

Wednesday, August 30, 2017

“If public confidence in the judiciary is lost there can be no rule of law.” - C G Weeramanthri -Former vice president of International Court of Justice, at Lalith Atulathmudaly Oration -2012

The Attorney General is the legal advisor to the Government, the Executive President and also to the Speaker of the Parliament, and is always deemed independent, fair and impartial. His department is the entry point to the Temple of Justice. DSS, SWRD and Chandrika did not desecrate the hallowed grounds of the Temple.

Mahinda Rajapaksa placed the AG’s department directly under him during allocation of functions among Cabinet ministers thereby undermining the concept of separation of powers. This unprecedented move jeopardized the entire Criminal Justice system placing the credibility of all legal institutions under a cloud.

The very foundations of the concept of Rule of Law were threatened. The stony silence maintained by the concerned lawyers, human rights activists, judiciary and surprisingly the mighty Bar Association of SL, who should have created a discussion and a proper discourse, was alarming.

However, a few media both the electronic and print, did make a little noise. This silence on the part of both the legal fraternity who usually rise in protest was not unusual during the Rajapaksa regime for obvious reasons.

AGs were unduly influenced, made to leave and replaced with members of the private bar by governments even in the pre 1978 period as well.

Justice Minister Felix R Dias Bandaranaike under Sirima Bandaranaike, made an ad-hoc appointment to Attorney General’s office and abused the high office through his appointee during 1970-77 United Front government. President Ranasinghe Premadasa promoted a junior lawyer by-passing number of seniors, as Secretary to the Judicial Services Commission, merely to interfere with appointment and transfer of judges.

AG under Dudley and Sirima
An Indian businessman who was not successful in obtaining Sri Lankan citizenship in 1960-64 complained that Rattwatte solicited a bribe. He was used against Dr Mackie Rattwatte, the former private secretary to Sirima, by the national government of Dudley Senanayake in 1965-70. The then Attorney General, Victor Tennakoon disagreed saying there is no prima facie case against Rattwatte: Tennakoon was immediately removed, rather promoted to the SC [kicked upstairs] and a party man A C M Ameer QC from the private Bar and the brother–in-law of the person who contested Balangoda electorate against Clifford Rattwatte, brother of Sirima and Mackie, was made the AG. Obviously the appointee obliged the master and prosecuted Dr Mackie on a trump up charge of accepting a bribe from the businessman. The pro-government Bar Association turned a blind eye. However, the District Court Judge dismissed the case without even calling on the defense. – [Ref. Bradmon Weerakoon-2004-pge 155]

Felix Dias, the senior minister and trusted lieutenant of Sirima became infamous for quite few acts of interference with the affairs of hallowed precincts of Hulftsdorf during 1970-77 government. He abused Bribery Commissioner’s office in Ian Wickramanayake era using his favorite, Manohara, a Judge of the District Court, which prompted Gamini Fonseka to produce the film Sagarayak Meda.
Under the former regime, Sri Lanka was ranked at the bottom of the table on South East Asia’s, index on ‘Lack of Rule of Law’. Chandrika government appointed Dr. Shirani Bandaranayake to the Supreme Court in 1996—several leading lawyers filed action protesting against it; the SC bench headed by Justice Mark Fernando overruled them.

President Maithripala Sirisena reiterated many times over that the guiding principles of his national government would be restoration of the Rule of Law, a corruption free administration and good governance.

The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.
-- Caroline Kennedy

Private practice for AG Department Counsel

Based on the English rule laid down in the 19th century, the AG was not allowed to engage in private practice. This was a precious rule incorporated in the interest of the Justice itself. Violating the tradition in July 1980, the AG and the legal officers of his Department were granted permission to engage in private practice by JRJ Government. Siva Pasupathi, the AG appeared in the Court of Appeal in 1981at a case and marked his appearance as private counsel for LRC was disallowed by the Two-Judge Bench of the Court of Appeal; later it was endorsed by the SC.

Mahatma Gandhi once stated,

“There is a higher Court than the Court of Justice and that is the Court of Conscience.”
Not only Corruption that tilted the balance against an authoritative government to lose the elections on January 8. They got fed up and wanted a change. The man on the street did not vote for the yahapalanaya expecting wonders, surely not, they like you and I voted for the change, being fed up. The people voted for justice and fair play.

Great men of bygone era

S. W. R. D. Bandaranaike had to sell some of his properties to raise funds for the party to contest the 1956 election. Dudley Senanayaka had just a few hundred rupees in the bank when he passed away. C. W. W. Kannangara underwent difficult situations in old age due to lack of financial support and the government came to his rescue as there were no retirement benefits for MPs at that time.

W Dahanayake travelled by train from Galle to Colombo. Merril Fernando and Henry Peiris, the Marxists MPs from Moratuwa and Panadura respectively travelled by bus to Parliament. The majority of outstation members lived at “Sravasthy” when Parliament was in sessions. There were no cars, rent allowances or houses but integrity of MPs was at a high level.

With 1956 change, M S Themis, a postal employee was elected as an MP for Colombo. Going up the steps of the Old Parliament, and seeing Sir John Kotalawala coming down, he greeted him by saying: “Hello John”.

In his inimitable manner Sir John retorted with the choicest vocabulary and gesticulations which our man never anticipated. Prime Minister SWRD told him that he always addressed the former PM as ‘Sir John’. Whether they are in the Opposition or government, such was the regard respect and magnanimity they had towards colleagues.