Attacks on judiciary End of freedom?
By Lakna and Sarasi Paranamanna
This week commenced adding another blood stain on Sri Lanka’s judicial independence. The Secretary of the Judicial Service Commission (JSC) Manjula Tillekaratne was assaulted in broad daylight just days after his public statement where he indicated existing threats to the security of those in the ‘highest positions in the judicial sector’.
The alleged invitation by the Executive, to the three JSC members including the Chief Justice for a meeting, was the starting point of the fiasco. In response, while rejecting the invitation, the JSC Secretary issued a public statement that indicated threats and intimidations on his fellow members of the JSC and the various influences that are being made on their decisions. Secretary Tillekaratne’s public statements were met with a string of criticism and charges, particularly by the state media that threatened his credibility to remain in the JSC, which reiterated the gravity of the threats levelled against the Judiciary.
By Lakna and Sarasi Paranamanna
The alleged invitation by the Executive, to the three JSC members including the Chief Justice for a meeting, was the starting point of the fiasco. In response, while rejecting the invitation, the JSC Secretary issued a public statement that indicated threats and intimidations on his fellow members of the JSC and the various influences that are being made on their decisions. Secretary Tillekaratne’s public statements were met with a string of criticism and charges, particularly by the state media that threatened his credibility to remain in the JSC, which reiterated the gravity of the threats levelled against the Judiciary.
The recent events however are not the first of their kind. During the tenure of late President J. R. Jayewardene in the early 80s, a group pelted stones at a judge’s residence. The violence further escalated during the term of former President Chandrika Bandaranaike Kumaratunga with the assassination of the late Justice Ambepitiya and most recently, the attack on the Mannar Magistrate's Courts said to have been orchestrated by a government minister.
An attack on a member of the judiciary, the sacrosanct citadel of fundamental rights and civil liberties is not a run-of-the-mill incident. Such hapless events only reflect the impunity that has run rampant in the country. The turn of events is most disturbing and dangerous, as they undoubtedly incur a great bearing on civil liberties. To maintain the rule of law, judicial independence is a vital factor. The existence of an independent judiciary, at least for namesake is observed as a deterrent of all threats against a democratic rule. Thus, the withering of judicial independence is a death knell to Sri Lanka’s remaining democracy.
Despite the many condemnations and protests against the attacks on the judiciary at the moment, the question remains as to whether the perpetrators will be brought before justice, or forgotten beneath the many layers of pending investigations adding to the existing cynicisms among masses. The observation of the mere existence of justice is not sufficient, but the message that justice is being delivered should be felt by the masses, in order to preserve the rule of law.
When the judiciary - the very institution dedicated to delivering justice to the masses-is facing direct altercation, where can the people look to? Only time will tell whether the judiciary will survive these blows or whether the Rubicon has been passed for lawlessness to reign.
“Threats to judicial independence jeopardiSe civil liberties
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An attack on a member of the judiciary, the sacrosanct citadel of fundamental rights and civil liberties is not a run-of-the-mill incident. Such hapless events only reflect the impunity that has run rampant in the country. The turn of events is most disturbing and dangerous, as they undoubtedly incur a great bearing on civil liberties. To maintain the rule of law, judicial independence is a vital factor. The existence of an independent judiciary, at least for namesake is observed as a deterrent of all threats against a democratic rule. Thus, the withering of judicial independence is a death knell to Sri Lanka’s remaining democracy.Despite the many condemnations and protests against the attacks on the judiciary at the moment, the question remains as to whether the perpetrators will be brought before justice, or forgotten beneath the many layers of pending investigations adding to the existing cynicisms among masses. The observation of the mere existence of justice is not sufficient, but the message that justice is being delivered should be felt by the masses, in order to preserve the rule of law.
When the judiciary - the very institution dedicated to delivering justice to the masses-is facing direct altercation, where can the people look to? Only time will tell whether the judiciary will survive these blows or whether the Rubicon has been passed for lawlessness to reign.“Threats to judicial independence jeopardiSe civil liberties
READ MORE>>>