The Hon. Rauff Hakeem, Attorney-at-Law

¶ 01 Bismillahir Rahmanir Raheem.

¶ 02 Hon. Deputy Chairperson of Committees, the Government has brought Rules to force exporters to convert dollar proceeds into rupees. This looks like a panic move to stem the rapid depreciation of the rupee. I have many comments, but first, on urgent matters as we are also debating a Resolution under the Essential Public Services Act.

¶ 03 We have long protested the continued use of Emergency Regulations; it has become the norm for parochial purposes and must be discontinued, at least from next month.

¶ 04 Next, the Minister in charge of media, also the Chief Government Whip, is reported in the Daily Mirror: “No decision to extend the retirement age of Judges.” He says there has been no discussion “so far.” That is not a full denial. There is serious public doubt. The Bar Association of Sri Lanka and the Colombo High Court Lawyers’ Association have warned against increasing judges’ retirement age. As members of the Bar, we heed these concerns.

¶ 05 Further, there have been four vacancies each in the Court of Appeal and the Supreme Court for six months. The President has failed in his constitutional duty to nominate judges for promotion—from High Court to Court of Appeal, and from Court of Appeal to Supreme Court. By denying promotions, undue pressure is placed on judges. This President, when in Opposition, protested loudly when prior Presidents delayed gazetting Constitutional Council decisions. The 21st Amendment sought to prevent such delays. Now he simply does not nominate—worse. This delays justice and infringes fundamental rights—our right to expeditious disposal of cases.

¶ 06 This frustrates career judges and blocks progression. Extending retirement ages will further clog the pipeline. High Court Judges will wait longer, subject to undue pressure in hope of promotion. This is a deliberate constitutional violation by the President.

¶ 07 We in the Opposition consider writing to the Speaker, as Chair of the Constitutional Council, urging immediate nominations. The undue delay has caused frustration across the Judiciary. Senior officers of the Attorney-General’s Department are also affected. We urge this House to note our protest regarding the delay in filling four Supreme Court and four Court of Appeal vacancies. Even if you say you will not extend retirement ages, you are waiting to promote preferred individuals—undue interference with the independent Judiciary.

¶ 08 The Minister of Justice has said he will bring amendments to the PTA, or replace it with a new law. That is like “trading ginger for chili”—we fear an even more draconian law. Decades under the PTA have retarded proper investigative practices; both Police and AG’s Department rely on draconian shortcuts.

¶ 09 Another matter: Tamil press reports today that the Sri Lankan High Commission in the UK has denied Channel 4’s upcoming documentary claim regarding the killing of Prabhakaran’s son, Balachandran, saying the film lies. There is panic over the new episode on “Sri Lanka’s Killing Fields” to air tonight. Photographs showed Balachandran alive, then later dead with a bullet wound. Whatever his parentage, treatment of minors in war is at issue. Remember Rohana Wijeweera: he was killed, but his family was protected. Even Zahran’s daughter was not killed. Why was Prabhakaran’s child killed? If it happened—I am not asserting it did—why not inquire? If in fact Prabhakaran’s son was killed during the war, and if it amounts to a war crime, it should be investigated as such. That is my position. I conclude on that note. Thank you.