The Hon. Mujibur Rahuman

¶ 01 Hon. Deputy Speaker, thank you for the opportunity to speak on this amendment to the Penal Code concerning children.

¶ 02 First, a case of a child, Hamdi Fasleen, aged around one and a half to two years, admitted to Lady Ridgeway Hospital for Children in February 2021 after tests confirmed an issue with the left kidney. A surgery was performed on 24 December 2022. On 27 July 2023, the child died. Postmortem findings stated both kidneys had been removed. The surgeon and his team are no longer in Sri Lanka; they left within a month of the child’s death. The parents sought investigation; on 11 March 2025, the Magistrate ordered that if a crime or negligence is found, those responsible should be arrested immediately and the law enforced. The CID has completed investigations and sent the file to the Attorney General six months ago. Yet no indictment has been filed. Multiple ministers of health were questioned in this House; still no report. Even the current Minister promised but has not tabled the report. Nearly two and a half years have passed without justice for that child.

¶ 03 We speak of the rule of law. Under Article 4(a) of the Constitution, the people’s sovereign power is exercised through Parliament, which vests judicial power in the courts by law. The independence and functioning of the Executive, Legislature, and Judiciary are the pillars safeguarding freedom of speech, writing, and security.

¶ 04 After this government came to power, it introduced promotions for High Court Judges and Magistrates via a new merit-based, interview system, moving away from long-standing seniority-based promotions. Seventeen judges were appointed to the superior courts; one from the Attorney General’s Department and sixteen from the judiciary. Interviews were conducted by the Judicial Service Commission, but only two of its three members participated—the third member had not been appointed until after the interviews, raising questions of process.

¶ 05 I table, as Annex 01, the seniority list of 252 judges. From the top 35, 16 were selected under the merit system. Yet the first ranked was not promoted; the third was not promoted; the fourth, eighth, eleventh, and twelfth were promoted; the thirteenth and fifteenth were not; the sixteenth was promoted; ranks 17–20 were promoted; 21 and 22 were not; 25 and 28 were promoted; 29 was not; 30–35 were promoted. Note that No. 33—who was the same judge whom former President Ranil Wickremesinghe ordered to be arrested—was promoted while many above were bypassed. I table, as Annex 02, the top-35 list.

¶ 06 Transfers have also been made disregarding seniority. Judges in the 60s and 70s of the seniority list are posted as Colombo Magistrates, over others far senior. I have a list of 106 transfers issued by the JSC Secretariat showing many junior officers leapfrogging seniors.

¶ 07 There is no transparency in the marking of interviews; judges have no avenue to appeal or even to be heard. Therefore, I propose a special parliamentary committee to examine promotions and transfers to ensure fairness.

¶ 08 Turning to another case: Galkissa (Dehiwala) Magistrate’s Court case B/29984 concerning a two-storey building on 322 perches at No. 10, Municipal Lane, Dehiwala—alleged forcible acquisition from National Workers’ Congress. On 6 September 2024, the Magistrate ordered immediate arrest of suspects; police did not comply. On 22 November 2024, again the Magistrate ordered immediate arrest and production; still not done. Why? Because a Government Minister is involved. Then the Magistrate was transferred; the next Magistrate who proceeded with the case was also transferred; now a new officer is appointed.

¶ 09 Is this the vaunted rule of law and transparency? The police seek AG’s advice on whether to arrest a Minister despite a clear judicial order. When Ranil Wickremesinghe was arrested, nobody sought AG’s advice first. Why is the law not applied equally to a sitting Minister?

¶ 10 Interference with the judiciary and engineering postings to suit political ends will again lead to anarchy. I conclude urging the Government not to erode public trust in the justice system.