• Justice Minister to refer the same to JSC if and when MPs’ submissions are received

A group of Sri Lanka Podujana Peramuna (SLPP) Government MPs including Attorney Madhura Withanage are to lodge a complaint with the Judicial Service Commission (JSC), requesting an inquiry against Colombo Additional Magistrate Tharanga Mahawatte – who heard the case pertaining to Inter-University Students’ Federation (IUSF) Convenor Wasantha Mudalige and Inter-University Bhikkhus’ Federation (IUSF) Convenor Ven. Galwewa Siridhamma Thera – based on the affidavits recently submitted to Inspector General of Police (IGP) Chandana D. Wickramaratne by four Terrorism Investigation Division (TID) officers regarding her statements and conduct.

Several SLPP MPs, including Chief Government Whip and Minister Prasanna Ranatunga and MPs Withanage, Attorney Premnath C. Dolawatte, and Samanpriya Herath, requested that necessary action be taken against Additional Magistrate Mahawatte. Minister of Justice, Prisons Affairs, and Constitutional Reforms, President's Counsel (PC) Dr. Wijeyadasa Rajapakshe also said yesterday (19) that he would refer the matter to the JSC when the relevant submissions are made to him by the MPs.

Speaking to The Morning, Withanage said: “Magistrates cannot make such emotional comments about suspects. If every magistrate acts in such manner, we cannot carry forward the independence of the Judiciary. We will lodge a complaint with the JSC over this matter. The general public does not try to clash with magistrates. We will lodge the complaint along with the hansards of our statements in the Parliament regarding the matter.”

Several SLPP MPs including Withanage also spoke about Additional Magistrate Mahawatte in Parliament yesterday.

“She has admitted in open court that she provided money to a suspect to buy coriander and milk powder. This is also mentioned in the affidavits submitted by the TID officers. If this is to continue, the magistrates in the North and the East will also give money to suspects to buy medicine, saying that they too fought for their lands. This is a big crisis. We need to protect the independence and dignity of the Judiciary. This is just one incident and I saw, with my own eyes, the way the Attanagalla Magistrate behaved in a one-sided and ugly manner regarding the case concerning the death of former MP Amarakeerthi Athukorala,” Withanage claimed in Parliament.

Commenting on the same, Ranatunga said: “We respect the Judiciary, and that it cannot be undermined. We should not talk about the Judiciary too, but these things need to be talked about. We saw that when two suspects related to the ‘aragalaya’ had been presented before the court, the Additional Magistrate had said that she could not help them, as her hands had been tied. She had then given them Rs. 10,000 to purchase some milk powder. The Police officers also submitted affidavits regarding this. When things like this happen, the Judiciary is undermined, just as it was when they undermined court discipline by applauding inside the court during the ‘aragalaya’.”

Dolawatte also commented on the matter, saying: “We know that there are magistrates who are very respectable. We have seen and worked with very decent and respectable magistrates, but I saw that Mahawatte – I don't know how she has worked – had given Rs. 10,000 to a suspect in a case brought before her. Now, the problem here is whether all magistrates are going to help the suspects produced before them in this manner. This is a terrible precedent and a black mark on the entire Judiciary – judges and magistrates. Therefore, Attorney General (AG) Sanjay Rajaratnam PC has now made some intervention. I would like to know from Dr. Rajapakshe PC as to what steps will be taken regarding such behaviour.”

Furthermore, Herath said in Parliament: “A total of 74 houses belonging to MPs, Pradeshiya Sabha (PS) Chairmen, and PS members were burnt down, and MPs’ human rights have been violated. No one talks about these things. Athukorala, the most innocent MP, lost his life. The Additional Magistrate’s statement that the suspects fought for all of us is a serious statement. It is a disgrace to the entire judicial system. If these are not dealt with, it is a travesty, and will create doubt among us MPs and the public about the law.”

“Control over judges' discipline is with the JSC, which is chaired by the Chief Justice (Jayantha Jayasuriya PC). If the MPs can give me the matters that were pointed out today, I will refer it to the JSC and provide answers,” said Dr. Rajapakshe PC, responding to the aforesaid MPs.

The case against Mudalige was initially taken up before Additional Magistrate Mahawatte on 17 January and Senior Deputy Solicitor General (SDSG) Dileepa Peiris appeared for the AG’s Department. Recalling that the relevant case was taken up in the Additional Magistrate's chamber when Mudalige and Siridhamma Thera were produced before court on 17 and 22 November, 2022, SDSG Peiris informed the court that four TID officers had submitted affidavits to IGP Wickramaratne regarding her statements and conduct. 

He also informed the court that following the said affidavits being submitted by four TID officers including Senior Superintendent of Police Prasanna de Alwis, Assistant Superintendent of Police Wasantha Ratnayake, and Chief Inspector of Police Kapila Bandara, IGP Wickramaratne has referred the same to the AG's Department, requesting that they be referred to the JSC for a future course of action. The Additional Magistrate had then informed the AG's Department to submit the relevant affidavits to the Court. Accordingly, SDSG Peiris, who submitted the affidavits, requested that the case be transferred to the relevant Chief Magistrate, claiming that it was not appropriate for it to be heard before the said Additional Magistrate. 

The SDSG also told the court that the TID officers had stated that Additional Magistrate Mahawatte had given a sum of Rs. 10,000 to Siridhamma Thera to purchase some milk power, and that she had, in doing so, stated: “You all launched the struggle for all of us.” 

Additional Magistrate Mahawatte, while noting that she had given the said sum of money to Siridhamma Thera and made such statements before the TID, also said that it was not appropriate to highlight statements that she had not made. 

Meanwhile, the Lawyers’ Union of the Colombo Magistrate's Court on Wednesday (18) held a protest outside the AG‘s Department to protest against the AG’s Department’s preparations to submit affidavits submitted by the TID officers regarding Mahawatte to the JSC. 

Speaking during the protest, Attorney Gunarathna Wanninayake said: “We must say that if the AG’s Department gets its hands on this Additional Magistrate, that will be the end of the AG’s Department. What she has done is to offer some requisites to the monk (a reference to Siridhamma Thera). The attempt to transfer the case of Mudalige was made on that allegation. The AG's Department has intimidated the Additional Magistrate by showing the affidavits of the TID officers. All magistrates and judges are good judges. They do not take bribes. As such a person who administers justice, we will not allow her (Mahawatte) to be hunted. We also ask CJ Jayasuriya PC to consider this impartially. We have started this fight for the independence of magistrates and judges.”