( November 30, 2012, Colombo, Sri Lanka Guardian) The judiciary in Sri Lanka is facing a
grave and unprecedented challenge today.
It is no secret that the integrity of
the Chief Justice was compromised by her husband’s political appointment to
public office. However, the allegations of morality leveled at the Chief
Justice on this issue should apply with equal validity to the President as
well, who appointed her husband to positions that are usually reserved for
political loyalists as rewards for patronage.
It is obvious that politicisation of
the judiciary over the past several years has had an adverse impact on
democracy in this country. In such a context, the Executive has been able to
use the judiciary to serve its own political agenda. This is part of a dark
history that goes back to the predecessors of the present President and the
Chief Justice as well.
In our view, the present attempt to
impeach the Chief Justice is a repetition of the same unfortunate history of the
Executive’s direct interference with the independence of the judiciary, which
we have witnessed since the 1970s. We wish to reiterate that any attempt by the
Executive to subjugate the judiciary will amount to the erasure of even the
limited democratic space that is struggling to survive in our country.
Meanwhile, we note with serious concern that no suspect has so far been brought
before the law in connection with the attack on the Secretary to the Judicial
Service Commission. Furthermore, it is also quite clear that there is a direct
connection between this impeachment initiative and some recent determinations
of the Supreme Court on some government bills such as Divi Neguma. These are
determinations that did not serve the whims of the Executive.
On the other hand, the parliamentary
process of impeachment is nothing but a constitutional façade, designed to
provide justification for the arbitrary actions of the Executive. In the name
of natural justice, this executive action needs to be resisted. Indeed, the
outcome of this impeachment process is certain to convey a chilling warning to
all other members of the judiciary as well.
The most important message which the
present impeachment process conveys to the country is that the judiciary as
well as other key public institutions such as the Departments of Attorney
General, Auditor General, Public Administration and the Elections Commission
should come under constitutionally established and independent commissions. It
also highlights the need to divest the political executive from the
responsibility of making all appointments to the judiciary, including that of
the Chief Justice. Even the Lessons Learned and Reconciliation Commission
accepted the principle of de-politicizing the police and the election commissioner’s
department as urgent for democracy and good governance in our country. In
short, Sri Lanka needs a new constitutionally established mechanism which has
the power and authority to act as a check on the arbitrary actions of the
Executive in collusion with parliament.
As artists and cultural activists, we
are deeply concerned with the future of democracy of our country. We also
believe that an independent judiciary is the first as well as the ultimate
guardian of democracy.
That is why we view the impeachment initiative as an attempt to
rob the judiciary of Sri Lanka of its independence and institutional autonomy.
We, therefore, urge all those who believe in democracy to resist
the attempts to destroy the independence of the judiciary. Let us also mobilize
ourselves to restore, defend and protect an independent judiciary which is
vital for the democratic survival of our country.
1.
Dr. Dharmasena Pathiraja
2.
Dharmasiri Bandaranayake
3.
Prasanna Vithanage
4.
Parakrama Niriella
5.
Dr. Sunil Wijesiriwardne
6.
Kusal Pererea
7.
Gamini Viyangoda
8.
Jayathilaka Bandara
9.
Chandragupta Thenuwara
10. K. W. Janaranjana
11. Chulananda Samaranayake
12. Sudharshana Gunawardne
13. Priyanjan Suresh de Silva
14. Cyril Dharmawardane
15. Jayathilaka Kammallaweera
16. Ajith Jinadasa
17. Prof. H. L. Seneviratne
18. Pradeepan Raveendran
19. Indika Udugampola
20. Saman Liyanage
21. Athula Samarakoon
22. Gamini Wijesinghe
23. Pujitha De Mel
24. Jagath Manuwarna
25. Sampath Jayaweera
26. Gihan Chikera
27. W. Jayasiri
28. Lakshman Mendis
29. Athula Pathirana
30. Thumindu Dodamthenna
31. M. D. Mahindapala
32. Mahesh Munasinghe
33. Gunasiri Silva
34. Prof. Desmond Mallikarachchi
35. Buddhadasa Galappaththi
36. Wijayananda Jayaweera
37. Piyal Kariyawasam
38. Gaya Nagahawaththa
39. Channa Ekanayaka
40. Sita Ranjani
41. Manjula Wediwardene
42. Dr. Sivamohan Sumathi
43. Upul Shantha Sannasgala
44. Ajith Galappaththi
45. Anoma Rajakaruna
46. Hareendra B. Dasanayaka
47. Prof. Sucharitha Gamlath
48. K.B. Herath
49. Kathleen Jayawardene
50. Deepthi Kumara Gunaratne
51. Kumari Kumaragamage
52. Sunila Abeysekara
53. Dr. Liyanage Amarakeerthi
54. Kapila Kumara Kalinga
55. Hiniduma Sunil Senevi
56. Sudesh Manthilaka
57. Sanjeewa Pushpakumara
58. Priyantha Fonseka
59. Mahinda Kumara Dalupotha
60. Sunil De K Gunarathna
61. Sunanda Karunarathna
62. Dr. Nirmal
Ranjith Devasiri,
63. Mahinda Prassad Masimbula.
