The Hon. Bimal Rathnayake - Minister of Transport, Highways and Urban Development and Leader of the House

¶ 01 Hon. Deputy Chairperson, though not directly on today’s item, I must note the Speaker’s Ruling today regarding a requested Special Select Committee—framed on the balance and limits among Judiciary, Legislature and Executive. Constitutions worldwide reflect that these three must both cooperate and remain separate. I will not litigate the Ruling here, but it is a valuable study.

¶ 02 Our Government has been in office 13 months. Most in the Judiciary were appointed earlier; we have had little time to reform that sector. Typically, clashes arise between Government and Judiciary—for example, the 2013 removal of Chief Justice Shirani Bandaranayake by the then Government; and earlier attempts around Chief Justice Neville Samarakoon. In the 52-day constitutional coup, too, the conflict was between the Executive and Judiciary, with Parliament entangled; an independent Judiciary ended that coup.

¶ 03 What is unusual now is the Opposition seeking a Special Select Committee into judicial affairs. If our courts were thoroughly corrupt or political, an Opposition might argue they serve the Government. But that is not the case today. There can be human errors, but not systemic political capture warranting such a committee.

¶ 04 Why then? Many in today’s Opposition governed over the past 20–40 years; they still think as rulers. Over those decades, many political and financial crimes occurred. Now, investigations are progressing—Lasantha Wickrematunge’s 2009 murder, attacks on Sirasa TV, Easter attacks (2019), Wasim Thajudeen’s killing, the bond scam, and various civil, corruption and fraud cases. Who are under scrutiny? Former Presidents, Prime Ministers, Cabinet Ministers, MPs and officials from those eras.

¶ 05 In the past, these groups used the Police, including figures like Deshabandu Tennakoon, to bury investigations, hide witnesses and destroy evidence. The treatment of Chief Justice Shirani Bandaranayake sent a chilling signal to judges. In 2015–2019, when some investigations started, Hyde Park rallies followed—one message was “let the courts look at this crowd,” meaning “we will be back to influence outcomes.”

¶ 06 Now, as the Judiciary, Police and investigative bodies proceed, those facing cases seek to pressure the Judiciary via Parliament, just as they previously dismantled the Constitutional Council. We painstakingly restored it; yet some try to manipulate it again.

¶ 07 On the Auditor-General: the President sent four nominations; all four were rejected by the Constitutional Council. Rejection is within its right; but do not blame the Government for a vacancy when Parliament itself has rejected nominees—including senior officers of the AG’s Department. Those who once abolished the Constitutional Council now decry the vacancy they themselves perpetuate.

¶ 08 In essence, today’s push for a Special Select Committee concerning the Judiciary aims to shield the corrupt. By Standing Orders, Parliament can summon many, but not the Judicial Service Commission (JSC). We will protect Parliament’s full privileges without overreach into constitutionally excluded areas. The spirit of former Speaker Anura Bandaranaike’s Ruling, and that of Hon. (Dr.) Jayantha Wickramaratne, remains valid. We will not weaponize Parliament to cripple other institutions.

¶ 09 Thank you, Hon. Deputy Chairperson.