Chief Justice Clarifies Judiciary’s Role Amidst Parliamentary Concerns

COLOMBO (News 1st); In a communication addressed to the Speaker, Chief Justice Jayantha Jayasuriya underscored that the judiciary bears the solemn responsibility of exercising public jurisdiction across all domains, excluding Members of Parliament's privileges and powers.

This notification comes in response to concerns raised by Minister of Justice Dr. Wijeyadasa Rajapakshe, who highlighted breaches of parliamentary privileges resulting from specific court actions.

Chief Justice Jayantha Jayasuriya emphasizes that, according to the constitution, the judicial power of the people is exercised by the parliament through the courts.

He notes that the direct exercise of this power by parliament is limited to its own powers and privileges and those of its members.

In a letter addressed to the Speaker, Chief Justice Jayasuriya highlighted the responsibility of all sectors to protect and ensure the independence of the judiciary, essential for the proper exercise of judicial power.

Translated Excerpt from the Letter:

"The independence of the judiciary is recognized as an intangible heritage that guarantees the pride and prosperity of future generations of Sri Lankans and the global community. The constitution declares Sri Lanka's commitment to being a democratic socialist republic."

End Of Translated Excerpt.

Chief Justice Jayasuriya further stressed that mutual respect and restraint between the parliament and the judiciary are crucial to protecting public welfare and upholding the rule of law.

On June 19th, Minister of Justice Dr. Wijayadasa Rajapaksa raised several issues related to the judiciary in a statement to parliament.

These included an interim order by the Supreme Court concerning the appointment of Supreme Court judges excluding the Chief Justice, opinions on interim orders by the Colombo District Court relating to the Sri Lanka Freedom Party.

The Justice Minister in his statement to the parliament leveled strong criticisms at the current Secretary of the Judicial Service Commission.

In response to the Minister's statements, the Judicial Services Association, representing District Judges and Magistrates, issued an statement on June 24th.

They condemned the Minister's "irresponsible statements" and warned of a concerted effort to discredit impartial judges.

On June 25th, Minister Rajapakshe wrote to the Speaker, claiming that his privileges were violated by the Judicial Service Association's letter.

The Minister citing two individual circulars highlighted the limits imposed on the judges when commenting to the media.

He requested that the two judges who signed the statement be summoned before the Privileges Committee of Parliament. He made the request by letter, copied to the Attorney General as well.

Chief Justice Jayasuriya addressed the issues raised by Minister Rajapakshe in a letter to the Speaker on Monday (8).

In addition, the Chief Justice as the Chairman of the Judicial Services Commission, and its members - Supreme Court Justices Vijith Malalgoda and E. A. G. R. Amarasekera had signed a letter as the Judicial Services Commission and directed separate observations to the speaker with regard to the concerns raised by the Justice Minister.

Chief Justice Jayasuriya responding to the claims made by Dr. Wijeyadasa Rajapakshe over the appointment of Supreme Court Judges, noted that the two vacancies in question at the Supreme Court occurred on the 15th of November 2023, and 1st of March 2024.

Chief Justice Jayasuriya clarified that the interim order on the Supreme Court appointments was issued on April 30th, 2024, and there were no legal obstacles to filling the vacancies between November 15, 2023, and March 1, 2024.

He also stated that the appointment of the five vacant Court of Appeal judges could proceed without issue.

Translated Excerpt from the Letter:

"There was an error in the Honorable Minister's statement, naming the Honorable Colombo District Judge regarding orders in an ongoing case in which the Minister is a party. Standing Order 91 (E) applies to statements made in parliament regarding existing cases."

End Of Translated Excerpt.

The Judicial Service Commission in its letter to the Speaker emphasized that the Judicial Services Association's press release was based on official matters.

They noted that the circular cited by the Minister warned against harming the independence and dignity of the judiciary through media statements.

The Commission affirmed their confidence in the Secretary of the Judicial Service Commission, stating that he had not misused any rights or privileges.