Opposition Group warns of “Grave Onslaught” on Judicial Independence

His Lordship the Chief Justice,
The Hon. Preethi Padman Surasena,
Chambers of the Chief Justice,
Colombo.
Your Lordship,


GRAVE ONSLAUGHT ON THE INDEPENDENCE OF THE JUDICIARY


We wish to bring to your notice a very serious development relating to the independence of the judiciary.
During his May Day speech in Maharagama, His Excellency Anura Kumar Dissanayake stated, with regard to a pending case, that the hearing had taken place on the previous day and that judgment was to be delivered on 25th May. He exhorted his listeners to be prepared to greet the judgment with warm applause.

We are aghast at this statement which has the most significant implications for the integrity of the judiciary and the separation of powers which are cornerstones of the Constitution of our country.
Many issues arise.

The President purports to have previous knowledge of a judgment yet to be delivered. It is a fundamental principle of our constitutional system that justice must not only be done, but must manifestly and undoubtedly be seen to be done.

Once the hearing is concluded, the duty of the judge is to assess the evidence and to arrive at his conclusion in accordance with the law. His conscience is his only guide. It would be preposterous for the judge to discuss his judgment, prior to delivery, with any third party. Whether the judgment would have the effect of pleasing a third party to the extent of inducing him to urge reception of the judgment with applause is a totally irrelevant, and indeed grossly improper, consideration. This has the clear potential to undermine public confidence in the judicial system, a matter fraught with the most far-reaching consequences. There appears to us no doubt that this preposterous statement represents a contempt of court.

To put it at its lowest, this is a despicable attempt to bring pressure to bear on a judge in relation to a case being heard before him. The gravity of the situation is enhanced by the fact that the pressure emanates from no less than the Executive President of the Republic. It seems to us intolerably unfair to submit a judge to pressure of this intensity, exercised at this level, in respect of the performance of his official duties. It cynically erodes the foundations of our legal culture and values.

One of the few institutions in our country still enjoying the esteem of the public at large is the Judiciary. It is our firm resolve to do all in our power, collectively and within the framework of a functioning democracy, to protect the Judiciary from vicious assaults of this kind.

We wish to bring these circumstances, with due deference, to Your Lordship’s notice for action which
you may consider appropriate in respect of this distressing situation.

We attach to this letter a video of the relevant portion of the speech by His Excellency.
Yours Sincerely,

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