Upholding judiciary's independence

The legislature, judiciary and executive play important and decisive roles in implementing and safeguarding the Constitution in any country.

Cordial relations and a greater understanding among them are of utmost importance for a healthy Constitution and the smooth functioning of a sovereign State. A greater understanding and coherence among these three institutions would definitely pave the way for good governance.

A few Opposition parliamentarians such as Mangala Samaraweera, Dayasiri Jayasekera and Anura Kumara Dissanayake have attempted to distort facts and undermine the independence of the judiciary. In their insatiable greed for power and, moreover, to bring the Government into disrepute, they have resorted to a disgraceful act of denigrating the judiciary.

Having failed to win the people's mandate and being rejected by the masses in toto at successive elections, these disgruntled Opposition politicians are looking for shortcuts to regain power at any cost. Why don't they think seriously before making sweeping statements and tarnishing Sri Lanka's image in the eyes of the international community? Their disgraceful and shameful acts would only help provide ammunition to certain interested parties in the world to humiliate Sri Lanka and take the country before international tribunals.

This is no doubt a serious situation where international organisations with vested interests could take undue advantage and interfere in the internal affairs of a sovereign State. Denigrating the judiciary and attacking it will definitely have significant international repercussions.

Minister of External Affairs, Professor G. L. Peiris told Parliament during the Judicature (Amendment) Bill debate on Wednesday, that persons attempting to harm the country would use this situation to point out that international tribunals should step in, claiming that Sri Lanka's judiciary is inadequate and corrupt.

These invertebrate Opposition politicians should realise even at this late stage that their allegations would only strengthen the hands of those forces who are intent on harming the country and its forward march as an independent nation.

These forces do not seem to like the manner in which Sri Lanka maintained its independent foreign policy and safeguarded its sovereignty and territorial integrity. The so-called 'big countries' are reluctant to acknowledge the great military victories achieved by Sri Lanka's valiant Security Forces and its landmark achievement of becoming the first country to eradicate terrorism.

The External Affairs Minister's statement in Parliament should be an eye-opener to one and all, especially those Opposition politicians who more often than not make irresponsible and baseless statements, without knowing the gravity of their statements and repercussions that the nation would have to face as a consequence. As a professor of law who had mentored most of the Appeal Court and Supreme Court judges serving at present, he is no doubt the best person to caution those misguided politicians.

These Opposition politicians should bear in mind that irresponsible and vicious attacks on the judiciary, apart from being harsh and unjust with regard to the individuals concerned, would also inflict a substantial measure of damage on the country's reputation.

As the External Affairs Minister had pointed out, this could only serve the interests of those who wish us ill and those who are determined to take Sri Lanka to task. Hence, Minister Peiris, in his respectful submission, called-upon the Members of Parliament, irrespective of their political affiliations, to desist from such acts.

The Minister also deeply regretted that there had been vitriolic attacks on judges in Parliament and they do not have the right to reply these allegations in the legislature. It was unfortunate that judges had come under such attack in Parliament recently.

If the judicial system is denigrated, it will only help those who wish to harm Sri Lanka in different ways. It is needless to state that Sri Lanka has an independent and highly respected judicial system and the public has tremendous confidence in the judiciary. However, if opportunistic Opposition politicians attempt to paint a different picture and disgrace the judiciary in a sinister manner, certain international elements could come into the picture to interfere in Sri Lanka's internal affairs, claiming that the judiciary here is not impartial. This is totally different to the existing situation. Denigrating the judicial system would only bolster the argument that international tribunals should step into Sri Lanka's affairs. The judges perform a difficult job under trying conditions. They have earned high respect from the masses for the independent and impartial manner in which decisions have been taken.

If politicians persist to criticise judges, it would damage the high reputation maintained by the judiciary. As Government parliamentarian Naveen Dissanayake has pointed out, Standing Orders prevent criticising the conduct of the President, Members of Parliament, Judges and the Attorney General.

Opposition politicians must bear in mind that people today have more faith in the law and order of the country with the eradication of terrorism. If Opposition politicians attempt to damage this trust, the masses would definitely teach them a good lesson.

The Opposition should not betray or demean the judicial system under the guise of parliamentary privileges, which should be used to safeguard the majority interests of their voters. They must franchise the privileges they enjoy for the betterment of democracy and the majority wish, not merely to settle petty personal or political differences. The independence of the judiciary is of utmost importance and it is clearly enshrined in the Constitution. All loyal and patriotic citizens must respect and uphold the independence of the judiciary. In so doing, we could also put a fullstop to prevent interested international parties meddling in Sri Lanka's internal affairs.