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Resignation of Mullaitivu Judge: Concerns continue over judicial independence

Resignation of Mullaitivu Judge: Concerns continue over judicial independence

08 Oct 2023 | By Skandha Gunasekara

 Northern politicians and the legal community have united in demanding the independence of the Judiciary and the safety of judges following the resignation of the Mullaitivu District Court Judge who cited death threats as a reason, while the Minister of Public Security has asserted that there had been no threats made to the Judge’s life. 

On 23 September, Mullaitivu District Judge T. Saravanaraja tendered his resignation from all his judicial positions, citing life threats, undue pressures, and persistent harassment. 

In his resignation letter addressed to the Secretary of the Judicial Service Commission (JSC), Judge Saravanaraja stated his intent to step down from various roles, including that of District Judge, Magistrate, Family Court Judge, Primary Court Judge, Small Claims Court Judge, and Juvenile Court Judge. 


Northern Province protests

In a show of unity and determination, Tamil political parties and members of the legal community in the Northern Province staged a protest on Tuesday (3), demanding a thorough investigation into the threats made against Saravanaraja. 

The demonstration also aimed to emphasise on the crucial need for measures to ensure the safety of judges and uphold the independence of the Judiciary in the region. 

The protest garnered support from several prominent Tamil political parties, including the Ilankai Tamil Arasu Kachchi (ITAK), the Eelam People’s Revolutionary Liberation Front (EPRLF), the Tamil People’s National Alliance (TPNA), the Tamil Eelam Liberation Organisation (TELO), and the People’s Liberation Organisation of Tamil Eelam (PLOTE), among others. 

Additionally, numerous Non-Governmental Organisations (NGOs) reportedly joined forces with the protesters, amplifying the call for justice and security.

One of the prominent voices in the protest was Tamil National Alliance (TNA) MP and President’s Counsel M.A. Sumanthiran. 

He emphasised the ongoing threats faced by Judge Saravanaraja, stating: “For more than a month there have been constant attacks on him. The entire northern Bar one day walked out and protested as well. There were statements issued by the Bar Association. All of that happened and that’s a fact which can’t be denied. Now the Justice has decided to leave the country.” 


BASL stance

Bar Association of Sri Lanka (BASL) President Attorney-at-Law Kaushalya Nawaratne outlined the steps taken to address the issue: “We have complained to the Chief Justice, the Ministry of Justice, and the Ministry of Public Security. We have also written to the President demanding an impartial and transparent inquiry as soon as possible to make the public and the legal community aware of the allegations that have been made.”

Nawaratne stressed on the importance of judges having the freedom to carry out their professional duties without fear or favour – a principle the legal community is fervently advocating for.

Nawaratne further stated: “We have made these demands and we will give them sufficient time, failing which we will take appropriate steps depending on the situation. The Executive Committee of the BASL will decide on what steps to take.”


Call for action and transparency

Jaffna Bar member, Attorney-at-Law Stanislaus Celestine also echoed the demand for action and transparency.

“We demand action by the Police Department, especially the Criminal Investigation Department (CID). We understand that there is an order from the President directing the CID to investigate the matter, so that is the first step. We are waiting for the results even though we have doubts about whether there will be a genuine investigation carried out by the CID. We have serious doubts about it, but still we have no other option apart from depending on the investigation,” Celestine remarked.

He continued: “We have also requested the Chief Justice to give the necessary instructions to the Government, especially the Justice Minister – he has to ensure that there is no interference into the Judiciary. There should not be any interference. But there is an allegation that the Attorney General has exerted some kind of pressure on the Judge to reverse or change the order that was made by him in relation to Kurunthumalai. We don’t know whether it is an accurate allegation or not, but there is a rumour along those lines. It has to be investigated properly.”


Lawyers leave court

On Tuesday (3) and Wednesday (4), attorneys within the Jaffna, Kilinochchi, Mannar, Vavuniya, and Mullaitivu Districts initiated a symbolic strike as a component of the Northern Province’s legal associations. 

Celestine pointed out that as lawyers refrained from participating in court proceedings, the regular operations of courts in the province experienced disruptions. 

The protest movement shows no signs of slowing down. 

Celestine announced: “We will be coming to Colombo to the Supreme Court complex on Monday (9) to stage another demonstration expressing our displeasure over the interference relating to judges, especially in the north and east.” 

He emphasised on the need to shed light on alleged pressure faced by judges in these regions.


Alles denies threat

Minister of Public Security Tiran Alles, speaking to The Sunday Morning, said that early investigations indicated that no threat had been made to the Magistrate’s life.

“As far as we are concerned and from what the investigation has revealed so far, there has been absolutely no threat to him. I’ll be able to come out with some comprehensive details.”

However, the determination of the protesters and their commitment to judicial independence and safety remain undiminished.

The ongoing protests in the Northern Province serve as a powerful reminder of the importance of safeguarding the Judiciary’s independence and ensuring the safety of judges, while also highlighting the pressing need for a thorough investigation into the allegations surrounding Judge T. Saravanaraja’s safety.

 



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