The Lawyers’ Collective, which includes President’s Counsels (PCs), expressed concerns on the recent instances where certain parliamentarians have drawn references to the Judiciary and the conduct of Judges in relation to specific cases pending before courts.

The Collective cited the cases of Minister Manusha Nanayakkara, MPs Dr. Sarath Weerasekera and Shanakiyan Rasamanickam, Speaker of Parliament Mahinda Yapa Abeywardana, and President Ranil Wickremesinghe. 

Nanayakkara made a speech on 8 September in respect of judicial officers in Horana where he claimed that certain public officials are now being wrongfully persecuted and at times incarcerated by judges and that judicial hearings are being manipulated to serve the interests of certain parties. Weerasekera made remarks on 22 August against the Mullaithivu Magistrate. Rasamanickam, while calling for an inquiry into allegations against certain senior judges made in a recording which he played in part in Parliament, referred to the judges by name. Speaker Abeywardana’s rulings and President Wickremesinghe’s public remarks imply the abridging of the jurisdiction of the Judiciary, even prior to the hearing of particular cases. Furthermore, threats were made to bring Judges of the Superior Courts before Parliament, ostensibly under the Parliament (Powers and Privileges) Act, to question their order relating to the holding of Local Government Elections.

“This spate of events reflects a dangerous and systemic trend of restraining the ability of the Judiciary to discharge its duties in a free and independent manner. Remarks made in Parliament under the cover of parliamentary privileges are a serious affront to the independence of the Judiciary knowing very well that judges cannot speak for themselves. The said conduct is contrary to Standing Order 83(1) of the Parliament (‘The personal conduct of the President, or the Acting President, MPs, Judges or other persons engaged in the administration of justice shall not be raised except upon a substantive motion; and in any proceedings, question to a Minister, or remarks in a debate on a motion dealing with any other subject, reference to the conduct of any such person shall be out of order’). We deem that these developments warrant the urgent intervention of all the relevant stakeholders to safeguard the independence of the Judiciary that is indispensable for the preservation of the rule of law. We call upon the legal profession to be vigilant as to these imminent threats to the independence of the Judiciary and the rule of law, as they have a direct impact on the exercise of our profession and its independence. The public too should exercise vigilance and condemn such interferences with the Judiciary as such interferences impede democracy and the rights of the people. We believe that the Judiciary will demonstrate resilience to withstand these pressures for the greater good of this country and her sovereign people whose powers they are exercising in terms of the Constitution,” the statement read.