Wijeyadasa Challenges JSA Statement as Parliamentary Privilege Violation

COLOMBO (News 1st); Justice Minister (Dr.) Wijeyadasa Rajapakshe has formally raised a complaint with the Speaker regarding a press release issued by the Judicial Service Association, the professional organization representing District Judges and Magistrates in Sri Lanka.

The Minister asserts that this press release has infringed upon parliamentary privileges.

In response, the Minister of Justice has requested the Speaker to summon the President and Secretary of the Judicial Service Association before the Powers and Privileges Committee of Parliament to conduct an investigation and issue an appropriate order in light of the alleged violation.

On the 19th, the Minister of Justice addressed Parliament, commenting on various judges and the Secretary of the Judicial Service Commission.

In response, the Judicial Service Association—an organization representing District Judges and Magistrates in Sri Lanka—issued a press release yesterday.

The release, signed by President, Kegalle District Judge Ruwan Dissanayake and Secretary Galle Magistrate Isuru Netthikumara addresses the Minister of Justice’s statement.

The press release by the Judicial Service Association noted that it observed a specific effort to discredit impartial judges, is unfolding in parts.

The Judicial Service Association points out that one of the steps in the discrediting effort is to create ideologies that will cause personal discredit to the judges who have taken important decisions for the well-being of the judicial system after they are transferred.

Additionally, the Judicial Service Association emphasized its unwavering support for the Secretary of the Judicial Service Commission, who is committed to protecting judicial officers from external influences.

The Minister of Justice, Dr. Wijeyadasa Rajapakshe, submitted a formal complaint to the Speaker today, raising a question of privilege concerning the statement made by the Judicial Service Association.

The complaint was also copied to the Chief Justice and the Secretary of the Judicial Service Commission.

The complaint referenced a circular issued by the Judicial Service Commission on September 1, 2010, and another by the then-Chief Justice on September 30, 2016, which directed District Judges, Magistrates, and High Court Judges to refrain from making public statements to the media.

In light of these directives, the Justice Minister noted that the statements issued by the two judges are actions prohibited outside their official duties.

In his written complaint to the Speaker, the Minister stated that his privileges, as well as those of all Members of Parliament, have been violated according to Section 3 of the Parliamentary Powers and Privileges Act No. 21 of 1953.

The Minister of Justice argues that the statements in question were made not within the judicial scope but based on personal or private obligations, constituting a clear violation of the Parliamentary Powers and Privileges Act.

Translation Of Extracted Statement:

Quote "The ultimate responsibility for the judicial authority of the people of the Republic of Sri Lanka rests with Parliament. The courts are responsible for exercising the powers explicitly delegated by Parliament. If the judicial process is conducted unlawfully or abused, it is the responsibility of the Minister of Justice to keep the parliament, and then the people, informed about it." End Quote.

The Minister of Justice stated that while it is the duty of all judges and judicial officials to investigate the facts presented, no one has the right to make malicious statements to the media concerning the disclosure of those facts.

Translation Of Extracted Statement:

Quote: "More than thirty honorable judges, who have been significantly affected by the actions of the Secretary of the Judicial Service Commission, have expressed their gratitude to me for my statement. They appreciated my efforts to inform the country about the current situation in the courts, acknowledging the truth of those facts and the genuine oppression they are facing." End Quote