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Mullaitivu Magistrate’s resignation: Lawyers call for probe

Mullaitivu Magistrate’s resignation: Lawyers call for probe

01 Oct 2023 | By Asiri Fernando

  • Highlight threats to judicial independence

The legal fraternity yesterday (30 September) called for an impartial investigation into the controversial resignation of Mullaitivu Magistrate T. Saravanarajah, who has cited death threats and intimidation as causes for his notice.

The Bar Association of Sri Lanka (BASL), the Young Lawyers’ Association, and the Lawyers’ Collective issued statements calling on the Government and the Judicial Service Commission to launch an inquiry into the sudden resignation.

Justice Saravanarajah has reportedly left the island after submitting his letter of resignation to the Secretary of the Judicial Service Commission. 

Saravanarajah, who recently ruled on two cases relating to a religious site in Kurunthamalai, which is contested by both Buddhist and Hindu groups, and a remembrance event to commemorate a former LTTE member, Thileepan, had drawn strong criticism by some Members of Parliament and others. 

Reports of the reduction of the Magistrate’s security detail has also raised concerns. 

Attempts to contact Police Spokesman SSP Nihal Thalduwa regarding the alleged reduction in Justice Saravanarajah’s security detail failed.

In his letter of registration dated 29 September, which was widely shared on social media, he claimed that his life was under threat. 

“I hereby inform you that I resign my post of District Judge, post of Magistrate, post of Family Court Judge, post of Primary Court Judge, post of Small Claims Court Judge, post of Juvenile Court Judge due to threat to my life and due to a lot of stress. Please accept my resignation,” the letter stated.

The move by the Magistrate, which is a rare occurrence, has again raised strong concerns about judicial independence and judicial interference in Sri Lanka, which has seen threats against the Judiciary in the past.

Issuing a press release signed by its President and Secretary, the BASL expressed its deep concern regarding the resignation and about his decision to step down being purportedly prompted by threats.

“The BASL is committed to upholding the rule of law and ensuring the safety and well-being of all members of the Judiciary. We strongly believe in maintaining an environment where judges can discharge their duties without fear or intimidation. In light of this, the BASL called on the Government to initiate a thorough impartial investigation into the matter. It is crucial to ascertain the veracity of these threats. Such actions, if found to be true, not only undermine the independence of the Judiciary but also erode public trust in the justice system. 

“The resignation of Judge T. Saravanarajah may raise serious questions about the safety of judicial officers in Sri Lanka. The BASL vehemently condemns and discourages any type of threats and violence to members of the Judiciary. We believe that safeguarding the Judiciary is essential for the preservation of the rule of law and the protection of the fundamental rights of all citizens,” the BASL stressed.

The Lawyers’ Collective also echoed the thoughts of the BASL, expressing deep concern about reports of the resignation of the Magistrate. 

“It is imperative, given the serious implications it has for matters pertaining to the independence of the Judiciary and the rule of law, that the matter be fully investigated with measures to assure independence and impartiality. We believe that transparency is key and that the general public must be informed of measures taken and the outcome of such inquiry without delay,” the group said.

The Lawyers’ Collective statement was signed by President’s Counsels Rienzie Arsecularatne, Upul Jayasuriya, Jayampathy Wickramaratne, Geoffrey Alagaratnam, Dinal Phillips, Dulindra Weerasooriya, Anura Meddegoda, Saliya Pieris, and S.T. Jayanaga, and Attorneys-at-Law Upul Kumarapperuma and K.W. Janaranjana.

The Executive Committee of the Young Lawyers’ Association in its statement cited the alleged claim of intimidation of the Magistrate by the Attorney General over the Kurunthamalai incident.

“If these allegations are true it raises serious concerns regarding the Executive’s interference in independent judicial functions,” it stated, adding: “We urge the Judicial Service Commission to act expeditiously and reveal the truth to the legal community and society in the interest of protecting the Judiciary and judicial functions in the long run.”



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