20 October, 2020

Blog

The Loosening Of Discipline Within The Judiciary

By AHRC –

The District Court Judge of Homagama, Sunil Abeysinghe and his guard Constable were arrested yesterday (May 30, 2013) allegedly while receiving a bribe of Rs. 300,000/= in order to return a favourable judgement to the bribe giver.

Judge Aravinda Perera

Immediately after the illegal removal of Chief Justice Shirani Bandaranayke and the appointment of Mohan Peiris as the CJ, one of the earliest steps taken was the reinstatement of Aravinda Perera who was suspended from service by the Judicial Service Commission after their inquiries into allegations of bribery and corruption. This sent a clear signal of the loosening of discipline within the judiciary. Therefore, the Homagama District Judge being caught allegedly accepting a bribe comes as no surprise. The overall framework of the breakdown of discipline within the judiciary as a result of favouring those who are openly loyal to the Rajapaksa regime has created an environment suitable for the increase of bribery and corruption.

Added to this the new CJ, by his many statements from the bench, is discouraging litigation and encouraging outside court settlements. What is being called ‘justice at the market place’ is now encouraged in Sri Lanka. What this means is the encouragement of litigants to seek the assistance of various authorities in the hope of getting their favour. Litigation on the basis of rights and the reliance on law and legal procedure is now openly discouraged.

Sunil Abyesinghe

Driving the judiciary away from its traditional role as impartial arbiters who base their judgements entirely on the basis of law appears to be the ideological orientation now being pursued under the new administration. The arbitrary transfers of large numbers of judges and the removal of some of the officers of the Judicial Service Commission were moves aimed at bringing about the overall control of judges, not on the basis of judicial norms and standards but on the basis of political loyalties and the willingness to bend rules to suit the political aims of the government.

This overall approach will necessarily increase bribery and corruption and undermine the moral of the judiciary. The causing of such demoralisation is a policy line required to encourage the greater loss of confidence in judicial institutions and the rule of law. Such demoralisation and the people’s loss of faith act in favour of subduing resistance to the government.

In terms of these overall changes some may cynically blame the District Judge of Homagama, not for taking bribes but for getting caught. Perhaps this District Court Judge may also receive pardon in due course despite the fact that at the moment he is in remand custody. Interference with the due process of law being a common feature by now, it will come as no surprise if ways are found to return this judicial officer to the judiciary.

Earlier this week the opposition United National Party declared their aim to replace the present constitution and some proposals for reforms have been submitted. In discussions on constitutional reform what is required is to deal with the complete derailing of the administration of justice and the rule of law in general. The implementation of a constitution depends on a functioning system of the administration of justice and the confidence that the people have in such systems. Given the level of the collapse of all the public institutions involved in the administration of justice, the making of a workable constitution for Sri Lanka will prove to be a herculean task. One of the hydra-like monsters that need to be beheaded would be corruption at all levels, including corruption in the judiciary itself.

Whether sufficient political will could be harnessed to achieve such comprehensive reforms is the test that will decide the destiny of Sri Lankans.

Print Friendly, PDF & Email

Latest comments

  • 0
    0

    AHRC

    Your commentary suggests that the two judges are guilty. The first judge appears to have been exonerated after an inquiry, and the second is yet to face trial in courts.

    I agree that most sensible people are against the politicisation of the judiciary, but how do you assume these judges are guilty of the offences?

    AHRC, is it right for you to take on the triple role of judge, jury and executioner?!!

  • 0
    0

    Given the justice system having descended to the lowest level this is no surprise. Perhaps this poor guy had to pay off some debts or was finding difficult to feed his family. When all others do it as part of the corruption in the society in general,why not he. He is a fool to have got caught. He should be penalised for that. This relates to money. what about the intellectual dishonesty of the custodians of justice. BENSEN

    • 0
      0

      Starts with the chief custodian, Hitlerpaksha???

  • 0
    0

    The old saying is “every man has his price”.
    In sri lanka,most law enforcers, many judicial officers & high and low public servants are said to have their ‘prices’.
    This is an open secret.
    This fool did not have sufficient brains not to get caught.
    Such a fool should not be a so-called ‘judge’.
    This is why we need a completely independent apolitical Bribery Commission with sufficient funds and its own staff.
    But repeal of the 17th amendment by the 18th,has effectively made this a distant dream.

  • 0
    0

    Where is BBS JHU SINHALA RAVAYA…. why not burn themselve? Only for GONA they burn? well Sapugaskanda will be sold to Saudi Arabia Oil Co ( ARAMCO ) soon by MR. BBS careful Muslims coming on board in Big way, lets take some Mobs and have a bottle of Arrack… Gnanasara Chandiya.

    • 0
      0

      Good question, Rod. Where is BBS? Where are your concerns? Is it because Sunil Abeysinghe is not a Muslim, it is not a concern?

  • 0
    0

    There is no way of knowing who is guilty and who is not, given the current state of affairs with the Judiciary, Bribery Commission and the Govt.

    The Golden rule is that if you are ‘AGAINST the GOVT you are GUILTY’.
    ‘If you are WITH the GOVT you are NOT GUILTY’.

    No need to go to Law College or read those voluminous case histories. Any donkey can now be the CJ or a Judge.

    • 0
      0

      “Any donkey can now be the CJ or a Judge”….a good example is Namal, a synthetic lawyer??

    • 0
      0

      (Lanka-e-News) The story that the Homagama district judge (DJ) Sunil Abeysinghe was arrested on charges of receiving a bribe of Rs. Three lakhs is a MaRa regime conspiracy out and out , as revealed by the Lanka e news inside information division.
      During the period when the impeachment motion was brought forward based on a MaRa conspiracy to destroy the independence of the judiciary , this DJ was the fearless and forthright judge who gave support to the campaign against the MaRa conspiracies. This latest allegations about his bribe taking is the latest conspiracy of the Rajapakse regime to vilify this bold judge who even spoke openly against the appointment of the new chief justice (cheat justice)who until then languished in the backyard of the Temple Trees doing MaRa’s sordid biddings

      This seems to be a similiar case to the Customs controller who was framed. Latest technique to get rid of dissidents??

      • 0
        0

        I have read seven questions posed by LeN to Bribery commission. I have only one question for LeN and Safa.

        First a brief about the whole thing:

        LeN says, the judge was arrested around 8 pm at ‘Siyarata hotal’ situated at Amunugama junction and owned by the complainant to Bribery commission.

        LeN says the judge went to ‘Siyarata hotal’ at the time to inspect its surroundings because the case concerned is about collecting ‘pin-kata’ money by the ‘hotal’ owner using some ‘Buddha and Deva’ idols and pin-ketaya in front of it. The judge should have seen the idols etc. LeN says, police constable that provide security to the Judges too had gone along with him and PC alone had gone into ‘Siyarata hotal’ to check it is the correct premises. But bribery commission says, PC had collected the money and he was arrested then and there.

        Now the question: How come Bribery commission sleuth were waiting for the judge at ‘Siyarata hotal’ at the exact time the judge went to inspect ‘Siyarata hotal’ at 8pm if it wasn’t pre arranged with the bribe giver?
        Leela

        • 0
          0

          Why dont you ask your God MaRa about this.

          Who is the fool who would go along with police out to take a bribe at a hotel close to the main road where people are jostling ?

          • This businesswoman who was used to orchestrate this conspiracy is an unscrupulous stooge of MaRa stooping to any sordid level being born without any sense of shame like her leaders themselves. She had organized processions on behalf of Mara, and spent freely for MaRa’s functions .

          • How could this woman lodge a complaint with the Cinnamon gardens police yesterday(30th) noon? Can the complaint be made after the arrest ?

          • How did the Cinnamon gardens police get involved while the Hanwella police knows nothing of it?

          • 0
            0

            I have my doubts as there are many stories floating about the Judges arrest. It certainly appears it is a leather hunt to hound those who were against the removal of CJ de jure and against the CJ de facto. The fact that an Inquiry has exonerated a Judge of a Drunkard, in debt to so many banks, posting a speed violation for circulation on the face book is reinstated but another who has stood up to the corrupt system is caught for bribery. I believe the Judges version should be published for the people to know the truth.

            • 0
              0

              It is said the Police Security to the Judge has accepted the money on behalf of the Judge. If this is so, if the taker is not the Judge, then how could the Judge be convicted of Bribery as the Police man may have used the Judge’s name to extort money. Further if the Police Security person is made the State witness, and this Judge has been working against the CJ de facto, it looks very obvious, the whole thing is a Fix. A good case for the BASL to fight and expose the real culprits.

        • 0
          0

          Send your team Booru Bala Sena to investigate

  • 0
    0

    The judicial system is merely a component of the larger social framework. If the judicial system is not functioning properly, it must be viewed in the context of the society at large rather than as an independent institution.

    All institutions, systems and processes that prevail in any country are reflections of their country’s social ethos and value systems practiced. They necessarily take their cues from prevailing forces of power and influence, to frame their own institutional cultures.

  • 0
    0

    In the first place the Chairman of the Bribery Commission Jagath Balapatabendi himself is a bribe taker. His son was given an appointment in some foreign embassy without going through the S/L Overseas Service examination. How can you expect impartiality from such lowly characters?

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 7 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.