Govt reiterates its commitment to judicial independence

Despite attempts made by the Opposition ranks to make a big fuss in Parliament on the independence of the judiciary and the recent attack on the Judicial Service Commission (JSC) Secretary, Government members countering the arguments by the Opposition reiterated the Government's sincere commitment to safeguard the independence of the judiciary and bring the culprits who attacked the JSC Secretary to book as soon as possible.

The main ground for the adjournment motion moved by DNA Parliamentarian Anura Kumara Dissanayake was the current problems faced by the Judiciary. The MP who spoke about the recent attack on the Judicial Service Commission (JSC) Secretary Manjula Thillakaratne attempted to portray that the judiciary is under threat and the Government was yet to identify the culprits. However ,the Government members who joined the debate categorically denied these allegations and explained the efforts made by the Government to ensure the smooth functioning of the judiciary. Dissanayake was of the view that the existing laws have been formulated to cater to the interests of the ruling party. The MP said that ordinary people have lost their faith in the existing Judicial system. According to the Constitution, the working class is entitled to fight for their fundamental rights, but the government has engaged in a process of dislodging their struggles, he charged.

Petroleum Industries Minister Premajayantha who joined the debate said those who closed courts through a chit and threw bombs at the Parliament are talking about the independence of the judiciary and supremacy of Parliament today. He said issuing press releases will not safeguard the independence of the judiciary. There are various other methodologies to be followed. In reconstituting the Supreme Court then President J. R. Jayewardene removed three Supreme Court Judges. The present Government has never resorted to such wrongdoings and it has no intention whatsoever to interfere with the affairs of the judiciary. The Minister also recalled how the late actor-turned politician Vijaya Kumaratunga was imprisoned after being implicated in a false Naxalite case.

However, External Affairs Minister Prof. G. L. Peiris said the appointment of Manjula Thillakaratne as JSC Secretary was done in violation of the Constitution. The Minister pointed out that the person appointed as the JSC Secretary was 30th in the seniority list. He queried as to what special qualifications he possessed. The Minister who tabled the seniority list during the course of his speech said according to the 17th Amendment to the Constitution, the most senior judge of the courts of first instance should be appointed as the JSC Secretary. Prof. Peiris noted that most of the problems that have cropped up around the judiciary have come about after this appointment. UNP MP Lakshman Kiriella who followed Minister Peiris queried as to why the Government remained silent on the appointment of the JSC Secretary till now as he was appointed about three years ago. After a lapse of three years what is the rationale of telling that he is not suitable to that position, he queried. Kiriella said according to the Constitution the Legislature is the supreme body. Judges should be given the scope to operate freely.

National Languages and Social Integration Minister Vasudeva Nanayakkara explained the progress of the Police investigations conducted on the attack of JSC Secretary. Commenting on the remarks made by DNA MP Dissanayake on the judiciary, the Minister told the House the people could witness themselves as to how the so-called socialism of the down-trodden was preached by the JVP in 1971. The Minister said capitalist democracy is better than JVP's democracy of the down-trodden. The Minister explained that the independence of the judiciary does not mean the dictatorship of the judiciary. If the judiciary is heading towards a dictatorship, Parliament is there to prevent it.

UNP Parliamentarian Wijedasa Rajapaksha made the point that the 1978 Constitution has led to an erosion of the independence of the judiciary rather than making any improvement. It is necessary for the Judiciary and the Executive to act in a more balanced manner for the benefit of the people. The MP said one of the worst crimes done by Parliament was the abolition of the 17th Amendment which has resulted in a number of problems. Foreign Employment and Welfare Minister Dilan Perera told the House when MP Wijedasa Rajapaksha focused on many issues pertaining to the judiciary, he deliberately ignored the fact that Thilak Marapana ended up as the Defence and Transport Minister in the UNP government. Minister Perera said the MP cannot forget it because he himself argued in the Supreme Court that Thilak Marapana cannot hold office of a Minister as he was a former Attorney General. He said it is only the Opposition who would benefit from the assault on JSC Secretary. It is a damage to country and the government as well.

In the wake of different views expressed by the constituent parties of the Government on the 13th Amendment, UPFA MP Arundika Fernando told the House on Wednesday that the Government has no problem with the implementation of the 13th Amendment to the Constitution and if any of the constituent parties are against it they could leave the cohabitation.

Participating in the debate on the new regulations of the Insurance Industry, the MP said that there were some within the government ranks to supplying anti-government slogans to the Opposition. "We should not forget the fact that India had helped us immensely during the war against terrorism. If this has become an issue then we must discuss it with them too. The officials could express their own opinions, but it does not denote the position of the government. They are their personal opinions". He said the Government politicians should not make statements against Government policies.

A verbal blow erupted between Housing and Construction Minster Wimal Weerawansa and UNP MP Sajith Premadasa over Government-initiated housing projects. Minister Weerawansa who responded to various queries raised by MP Premadasa on the Government's housing projects told him to see whether the Government has not completed these housing projects when he or Ranil Wickremesinghe contests the next Presidential Election.

The Minister told the House in a lighter vein that Sajith was abroad when his father was the President. The Minister said he would only reply to the questions raised by Sajith in the Order Paper and not other questions.

Chief Opposition Whip John Amaratunga who moved an adjournment motion in Parliament noted that the Sri Lanka team's continuous losses in cricket tournament finals were not due to failure but some other reasons such as match fixing. He said that the Sri Lankan team has faced debacle after debacle at the crucial finals. The MP queried whether such setbacks are due to match-fixing or Sri Lanka Cricket has been swallowed up by a bizarre political culture? Sports Minister Mahindananda Aluthgamage who responded to the motion said over 20 international players have been banned from cricket for match-fixing. The Sri Lankan Government has taken action to bring in laws to penalise players found guilty of match-fixing.

The Government in Parliament on Tuesday rubbished the rumours of imposing a well water tax.Chief Government Whip and Water Supply and Drainage Minister Dinesh Gunawardena said that neither his Ministry nor the Irrigation Ministry had plans to impose a tax on well water. The Minister told the House it was never discussed at the Ministry level or at the Cabinet of Ministers. He said this in reply to a supplementary question raised by UNP Kurunegala District MP Dayasiri Jayasekera who demanded to know the truth behind recent media reports on imposing tax on well water.