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Karu J. seeks JSC clarification on controversial ‘directive’

18 Aug 2021

  • Says if reports true, they reveal ‘intentional attempt’ to undermine Judicial independence, democratic freedoms
By Pamodi Waravita The National Movement for Social Justice (NMSJ) yesterday (18) urged the Judicial Service Commission (JSC) to clarify details about its recent webinar for judicial officers, including Magistrates, where they had been allegedly instructed participants to use Sections 98 and 106 of the Code of Criminal Procedure as amended to control protesters and public gatherings due to the Covid-19 pandemic. Section 98 of the Code deals with a conditional order for the removal or abatement of a public nuisance, while Section 106 of the same deals with the power to issue an immediate and absolute order in urgent cases of nuisance. “If the reports on the instructions given to the Magistrates at the webinar are true, then we can only understand it as an intentional attempt to undermine the independence of the Judiciary and limit the democratic rights and freedoms of citizens. The majority believes that this incident has struck a severe blow to the justice system in Sri Lanka,” read the statement by NMSJ Chairman Karu Jayasuriya. The controversial instructions to the judicial officers had reportedly been issued at a recent webinar with the JSC titled “Matters relating to judicial proceedings in the context of the Covid-19 pandemic”, held on 13 August. According to a letter circulating on social media, the JSC, comprised of President’s Counsel (PC) and Chief Justice Jayantha Jayasuriya, and Justices Buwaneka Aluwihare PC and L.T.B. Dehideniya, along with Judge of the Supreme Court Justice Mahinda Samayawardhena, had conducted the webinar on 13 August. Further, according to said letter circulating on social media, the JSC had also informed the judicial officers that the “failure to participate in this webinar will be taken into consideration when recommendations are made for promotions, annual salary increments, foreign training, and appointment to High Court.” Following the meeting, the media reported that several Magistrates had expressed concerns about this, as it had implied subtle pressure being exerted on the judicial mind, which should be independent. Former Parliament Speaker Karu Jayasuriya has noted that since democratic institutions operate on the basis of trust with the citizens of the country, the JSC must clearly inform the public about what had occurred at the webinar. Previously, the Bar Association of Sri Lanka (BASL), in a letter to the JSC on 17 August, had stated that it is deeply concerned about the contents of these reports, which affect the rule of law, the independence of the Judiciary, and public confidence in the administration of justice. Justice Minister M.U.M. Ali Sabry PC said in Parliament that the Justice Ministry would make an inquiry from the JSC about these reports. A range of demonstrations took place throughout Colombo and around the country over the last month in protest over the controversial General Sir John Kotelawala National Defence University (KNDU) Bill, and in demand of salary increments for school teachers. Protests also occurred due to the recent fuel price hike and the ban on chemical fertiliser over the last few months. Although the Police had reportedly sought court orders to stop the protests, on a number of occasions, Magistrates had denied these requests.

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