BASL concerned about Parliament discussing judicial proceedings

The Bar Association of Sri Lanka issuing a statement yesterday said that it was disturbed by the allegations made by a Cabinet Minister in Parliament on 08 Nov., 2023, in respect of a case relating to a matter concerning the appointment of an Interim Committee to Sri Lanka Cricket and the alleged conduct of a judge of the Court of Appeal.

“The Independence of the Judiciary is a fundamental principle of the rule of law and therefore, any form of undue interference with Judicial Independence is extremely serious, and would erode public confidence in the judiciary, particularly, the matters which are sub judice, thus, should be condemned.

“The BASL has always acknowledged that an Independent Judiciary is the key to upholding the rule of law in a free society, on the guarantee that judges will be free and will be perceived to be free to make impartial decisions based on the facts and the law in each case, and to exercise their role as protectors of the rule of law, without any pressure or interference from other sources, especially the Government.

“The BASL strongly feels that statements being made in respect of ongoing court cases and reference to judges, purportedly taking cover on parliamentary privileges, is seen as a direct threat to the Independence of the Judiciary. The legal fraternity has continuously raised serious concerns regarding this matter.

“Further, the BASL strongly believes that the Judiciary is built on a foundation of faith and confidence of the general public, and thus it is of paramount importance for judicial officers to ensure the said public trust is safeguarded.

Further, the BASL would also like to remind the relevant Hon. Members of Parliament that the right to represent a client is a professional right which has been safeguarded by law, and any threat to the right, is an attack on the profession at large.

In the case of Wijesundara Mudiyanselage Naveen Nayantha Bandara Wijesundara v Sirwardena and Others (SCFR 13/2019), the Supreme Court observed that:

“Thus, there is no dispute that the legal profession is a sine qua non for the due administration of justice in this country and for that matter in any civilised society.