By Colombo Telegraph –
This morning Bar Association of Sri Lanka has passed two resolutions condemning the intimidation of the Judiciary. The two resolutions include the interference on the Judicial Services Commission and to appoint a panel of lawyers to file action against two sate run media institutions Sri Lanka Broadcasting coperation and Independent Television Network re their recent attacks on judges.
Wijedasa Rajapakse - President BASL
The official statement of the BASL is to be issued on Monday after the getting the signature of all office bearers.
Meanwhile issuing statement Lawyers for Democracy (LfD) said “The Statement issued by the Judicial Service Commission (JSC) on 16thSeptember 2012 clearly indicates that there are various attempts to interfere with the affairs of the Judicial Services Commission. After the recent determination made by the Supreme Court of Sri Lanka on a Bill titled ‘Divinaguma’ political leadership of the government has expressed its dissatisfaction over the decisions made by the Supreme Court.”
The LfD urges the President and the government to respect the independence of the judiciary and take all possible steps to stop direct and indirect intimidation and incitements against the judiciary. LfD also urges the Government to ensure the State media will respect basic decency in journalistic ethics in their references to judiciary and judges. While expressing solidarity with the JSC, we remind the public that in any civilized society all individuals and institutions should respect the judiciary as the ultimate arbiter of all disputes between the State and the citizens.
related posts;
Government Intimidate The Judiciary – LfD
Rajapaksa Intimidates Chief Justice
Justice / September 22, 2012
The judiciary,especially the Supreme Court, lost its respect when the chief justice and two other justices privately congratulated Namal Rajapakse after he took oaths before them as a new attorney,and, also posed for photos alongside him,his parents and some politicians.
This has never happened earlier.
Did this amount to sycophancy?
The BASL kept silent.
The court should have called up ministers who publicly protested against its determination on the Divinaguma Bill and ask them to explain why they should not be held in contempt of court.
But it failed to do so.
Earler SBDissanayake was held in contempt and punished for derogatary remarks in public about the court.
Has this court lost its clout and self respect?
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Jamal / September 22, 2012
One rule of law for SB and Rishad another for Basil?, why scared of Ruhunu Puthra?
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N Wimaladasa / September 22, 2012
Bar association of Sri lanka make certain alligation again Ruing Party on Intimidation of the Judicircy,interferance of JSC and Lawyers for Democarcy.We have no idea how these intimidation been effect an imporatnt of actvities Court of Law and legal system of Sri Lankan.
1 Again the view that still a rule is laid down in a legal decision there ins no law governing the fact of the case, will really lead to concluation that no concret set of facts is govern by any LAW till decesion has been given,because every case the process of decision involves the mental process of bring the paticular facts withing certain principle.
2 Bar assocation statement of ratio decidendi we must carefully distinguish what are called dicta or obiter dicta-..”things said by the way”.An Obiter dictum strickly speaking,is a statemant of law made in the coures of a JUDGEMENT….such dicta have no biniding force,though they have an authority which is entital to respact and which will vary according to the reputation of the PARTICULAR JUDGE.
I think hypothetical statement of Bar assocation is irritional and irrelevent and verdict base on illogical and away form the social reality.
3 It may reason why law should be altered by statue,it does not prevent it from being law or affect operation as long as no altration in the law is made by state.But modern lawyers uses the trems of democracy and equit he does not mean to say that equity is NOT LAW.
All argument for resrevation for interpartion of in favour certain vested interset secation of few hand, but not THE WHOLE SOCIETY progress and interest of legal system of island, its democracy.
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Jim softy / September 23, 2012
LfD is a political organization and nothing more based in the Europe. they did not see how European countries were destroying the middle eastern arab countries.
Now here too, it is a muslim who got trouble.
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kamal nissanka / September 23, 2012
We as lawyers have to agitate to stop interfering the judiciary by people holding executive power. Separation of powers is the corner stone of both United States and French constitutions.
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Refugee / September 23, 2012
How come President of BASL is a politician ?
Can Wijedasa Rajapakse explain if he is …
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AYMAN / September 23, 2012
It is a sad reflection on our country,that the it is the educated “elite”
the professionals that have failed the country.I told this to a leading
engineer about twenty years ago, when we were groaning under the Sirima
government, he agreed.Three years ago,when I was consulting one of the leading medical specialists in the country,I said the same thing and he too fully agreed and he made special mention of the health ministry.He went on to say that the incumbent health minister was the worst he came across in his entire career.Well the present one has “OUT-SIRID” him.I hope the BASL BEING ALL LAWYERS WILL GIVE A LEAD SINCE THEY KNOW THE
CONSTITUTION, LAWS AND LEGAL PROCEDURES.PUT COUNTRY BEFORE PARTIES AND SELF AND BRING ABOUT “A CHANGE”.
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Lanka Muslim, UK / September 23, 2012
Yes, majority of the professionals, academics and others of such category have generally been lackeys of politicians and being yes men to the Govt. in power however the Govt. is un-democratic, corrupt, etc. By this they have let down the ordinary people on behalf of whom they should have spoken and given leadership. This has been a grave trend in Sri Lanka. However, there seems to be a change now. Let us welcome this change and do not keep on harping on their failures in the past.
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W.A Sugahtadasa / September 23, 2012
Headed By Wijdasa Rajapakasa of BASL ,on intimidation of Justice or judicery resoluation in apperance seems to be unethacil and undermine moral legal order and court system of Sri lanka by ongoing Ruling Party SL.The alligation are reamin unsatisfactory, unless it can explanin what are real fact in terms of State rights and duties of Judicary has not been reveal by BASL>.
The notion of power of STATE is not confined court of law and legal system;development of Capitalism need to bo address the social reqiuremant and cater for the social forces of Country after end of 30 years war against TREEIORISM IN NORTH and SOUTH by goveranace of ruling party alliance in power.
The new born thinkig of action of state,nation and of its society as distinct from orthodox school of BSAL of approch by low dilettante of individual; are outdated an opinion of intimidation of Justice or Judiuciary are concern.BSAL is need higher diligent of elties of pool of LAWYERS study so-called dim of intimidation of goverance by state without politically prejuduce.
The current STATE has recognised this fact that law has insisted for a legal life of Divi Naguan Act for social groupes and society must get authority of the state submit to its conditions.No law above aspriation of soveriginty of people’s and majority social classes vested interest.We think BASL in wrong footing and running misdireaction by its leadership by passed the resoluation of intimidation of Justice by Ruling party.
The supermacy of PARLIAMENT and Their representaive governmant poclaimed highist authority of legal SOVERIGNTY OF ISLAND.
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Naga / September 24, 2012
There is nothing wrong in the Sri Lanka Bar Association to voice its concerns over interference with the judiciary. Lawyers as officers of the court should protect the integrity of the judiciary and should protest against any poltitical interference in the judicial process whether it comes from a Minister or from the President himself.
The Sri Lanka Bar Association should not have elected a politician Wijedasa Rajapakse as its President. He is a member of the Bar Association and is therefore eligible to seek election to the top most post of the lawyers’ association. Nevertheless his actions will be seen by the public as politically motivated. It is also wrong for the Chief Justice to have posed for a photo with the parents of Namal Rajapaske (if what is alleged by commentator above is correct).
If Minister Rishad had indeed interfered with the judicial process he should be punished for contempt of court like any other person. It appears that Mannar Magistrate had fallen into the trap of a mischevious Tamil journalist based in Sweden by giving a damaging interview to him. He should have been wise enough to avoid this type of mischevous journalists who have agendas of their own. That Tamil journalist has now published a news item in his web-based site that he had been interviewed by the CID. These CID recordings and similar materials may be used to discredit the Magistrate’s version of events. Minister Rishad may well escape punishment.
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kalum bandara perera / September 24, 2012
wijedasa you are right. but victor ivan blast the judicary you done nothing
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C.W.Austin / September 24, 2012
President OF BASL unable to see the differance between Legal soveignty of People and Indepandeance of Judiciary of changing social movement and its classes.
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