The Hon. Dayasiri Jayasekara, Attorney-at-Law

¶ 01 Not seven minutes; I have nine minutes—the time was extended.

¶ 02 Hon. Deputy Chairperson of Committees, I wish to address today’s situation, particularly the Speaker’s Ruling. The Ruling is based on a misapprehension. Even Erskine May has been misapplied. When you uproot wild saplings and plant flower saplings, the document authored under such influence reflects it.

¶ 03 From the beginning, we asked for clarity on the procedures for transfers and promotions of judges. Parliament funds the Judicial Service Commission (JSC) and scrutinizes it via COPA; the JSC is an administrative body, not a court. The Speaker’s Ruling treats it as a court by invoking Erskine May’s separation of courts and Parliament. We accept courts and Parliament are separate; but the JSC is not a court. In 2008, under Nihal Seneviratne, Speaker Anura Bandaranaike gave a Ruling. Today’s Ruling does not align with that precedent. Was the staff, including the Secretary-General, consulted? Anura Bandaranaike consulted E.C.L. de Silva. Whom did you consult?

¶ 04 Judges who suffer injustice have nowhere to go. Complaints are made to the JSC comprising the Chief Justice and two others; the very body hearing the complaint decides the matter. That is a grave issue.

¶ 05 A seniority list existed for judges. For appointments to the Court of Appeal and Supreme Court, that list was set aside: many seniors—Ferdinands, Liyanage, Hewawasam, Jayasinghe, Weerasooriya, Marasinghe, Dias, Nelumdeniya, Atigala, de Silva—were bypassed while filling 18 vacancies by going down to 35 on the list. This encourages the belief that siding with the Government gets you promoted, compromising judicial independence.

¶ 06 Recently, the Director-General of the CIABOC addressed a Judicial Service Association meeting and told Magistrates they lack power to grant bail in cases brought by the Commission and should remand accused. How can the DG instruct Magistrates on bail powers?

¶ 07 Now, four Tamil judges are to be brought without a demonstrated necessity, seemingly to displace those currently serving. Internationally, Bangalore Principles and the Istanbul Declaration guide judicial conduct and processes. Our transfer and promotion mechanisms must be transparent and reformed accordingly.

¶ 08 The Bar Association of Sri Lanka has emphasized the need for a transparent and fair system for judicial appointments and promotions to maintain public confidence and ensure impartial, credible administration of justice. If so, will you prosecute them too? Do not proceed in this manner.

¶ 09 You claim we are speaking because the Judiciary is catching criminals today. We have no problem with that. But many corruption cases involve your side. A case on 323 missing containers is ongoing—no final decision yet. Complaints have been filed against six Ministers at CIABOC. Those now talking about judicial independence are the very people who burned courthouses and records in 1988–89 and tried their own cases. I laugh when they speak about independence.

¶ 10 Let the Judiciary function. But there is a serious crisis regarding promotions. This proposal was not discussed at the Parliamentary Business Committee, yet the Speaker proceeded. I request a proper procedure for judges who have suffered injustice; many have been forcibly pushed out. Every judge deserves fair hearing and trial. If judges themselves do not get justice, it is an affront to law and justice. I conclude.