The executive is
exposing Sri Lankans to a dangerous situation by ruthlessly attacking the
judiciary
| A statement issued by the Asian
Human Rights Commission
( October 26, 2012, Hong Kong,
Sri Lanka Guardian) Mahinda Rajapaksa's government is now engaged in a ruthless
attack on the Chief Justice, the Judicial Service Commission (JSC) and the
independence of the judiciary in general. The immediate reason for the attacks
is the Supreme Court decision against the Divinegama Bill and the JSC decision
to take disciplinary action against a judicial officer alleged to have been
engaged in corruption who is supposed to be close to the government.
 |
"It is an extremely dangerous situation if the JSC cannot take a disciplinary action against a judicial officer against whom there are serious allegations of corruption. The result would be that there would be no investigations into such actions and the judicial office itself could be used for the personal profit of the individuals concerned and his political friends."
At the moment the attack is being
led by Minister G.L. Peiris whose unscrupulous commitment to defend the
executive for his own personal reasons has been demonstrated time and time
again. The law and the independence of the judiciary seem to be far removed
from the comprehension of this one-time professor of law.
While the police are filing
reports of their inability to investigate the alleged attempted abduction and
attack on the secretary of the JSC, G.L. Peiris was engaged in a garrulous
attack on the secretary himself and questioning his seniority. The obvious
purpose of this attack is to create division among the judicial officers.
However, what is scandalous is that G.L. Peiris does not care about the actual attack
on this officer who holds one of the highest posts in the country. Instead of
calling for investigations into a serious crime against a senior government
officer he is attempting to divert the attention and to attack the victim
himself. That is not just insensibility but sheer brutality.
The anger against the secretary
of the JSC is because of the press statement he released on behalf of the JSC
stating that there is interference by the executive in the JSC and with the
independence of the judiciary. He specifically mentioned the case of the
disciplinary action against a judge by the JSC which seems to have angered the
executive.
It is an extremely dangerous
situation if the JSC cannot take a disciplinary action against a judicial
officer against whom there are serious allegations of corruption. The result
would be that there would be no investigations into such actions and the
judicial office itself could be used for the personal profit of the individuals
concerned and his political friends.
However, what is more frightening
was demonstrated by the incident which took place yesterday (October 25) at
Galle when in broad daylight a well known businessman was attacked by a
criminal gang who cut his hand and foot as a result of which he subsequently
died. This kind of brazen behaviour on the part of criminals can happen only
when they have begun to perceive that the law enforcement mechanism and the
judiciary are in crisis and are unable to enforce the law.
When the executive makes
irresponsible attacks on the judiciary the message they communicate is about a
serious crisis in the relationship between the executive and the judiciary. The
criminals take advantage of this public perception for their own benefit and it
is the ordinary people who suffer.
Such irresponsible actions on the
part of the executive endanger the security of the society at large. When the
executive, for their petty ends, engage in public attacks on the judiciary it
is the government itself that is weakened. When people perceive that the judges
themselves are helpless when the spokesman for the executive is attacking the
judiciary it is the criminals that have the last laugh.
It is time for the public to get
their message across to the executive clearly that they do not wish their
judiciary to be attacked and weakened. If the people watch passively when the
executive, for their own petty ends, attack the judiciary the cost of their
silence will have to be paid by the people themselves and the future
generations. It is time for the people to talk loudly and tell the executive to
stop such nonsense.
For further information please
see: WORLD:
Who will respond to the distress call of the Judicial Service Commission of Sri
Lanka? and SRI
LANKA: Not free from fault, but too vain to mend
