AHRC UA990426 Sri Lanka 26 April 1999
ASIAN HUMAN RIGHTS COMMISSION URGENT APPEAL
A Judicial Officer, Mr. M. Percy Wijesiriwardena, with nearly 12 years experience who had worked in several parts of the country has filed an application before the supreme court of Sri Lanka under section 126 of the Constitution complaining that the three judges acting as members of the Judicial Service Commission have violated his rights to be treated equally before law (article 12 (1))and to engage in a lawful occupation (Article 14 (G)), by sending him on compulsory retirement on merciful grounds, without stating any charges against him and without inquiry.
BACKGROUND INFORMATION:
Mr. M. Percy Wijesiriwardena, a Grade 1, category 11 Judicial officer states that a letter was obtained by the said officers from him under the threat of immediate dismissal. The reason for the action of the three members seems to Mr Wijesiriwardene, a secret report of an officer of the police department, the content of which has been never divulged to him. The three members stating that police might charge the judicial officer of some unspecified offence and that adverse press publicity may be generated against the judiciary, the judicial offer asked to submit a letter seeking compulsory retirement or face immediate dismissal despite his protests. The officer, further states that no criminal charge has been filed against him and the action of the three members is contrary to the disciplinary code relating to minor judicial officers which gives the officers a right to be heard, and that he has been unfairly treated. He also points out that a judicial officer facing two rape charges is still allowed to function as cases are proceeded against him and disciplinary inquiries are continuing. The judicial officer has further stated that he has had an unblemished record. The Judicial officer is married and is father of two children
SEEKING RELIEF:
The Judicial officer seeks following reliefs from the Supreme Court: to grant leave to proceed with application in the first instance; to declare that the Petitioner’s Fundamental Rights under Articles 12(1) and 14(1)(g) of the Constitution has been violated by the 1st, 2nd and 3rd Respondents; to quash the decision of the Judicial Service Commission sending the Petitioner on compulsory retirement as embodied in the letter dated 22/3/1999; to direct the Judicial Service Commission to hold an inquiry according to law giving the Petitioner an opportunity to defend himself if any charges that are leveled against him; to grant appropriate compensation for violation of the Fundamental Rights of the Petitioner; to direct the Judicial Service Commission to re instate the Petitioner without losing his seniority and with back wages if found not guilty after proper inquiry; to grant costs; and such other and further relief.
RECOMMENDED ACTION:
The AHRC urge that letters and faxes expressing views Chief Justice of Sri Lanka calling for an investigation.It will be most helpful if you write urgently to make your concern known. Kindly encourage others also to do so. This is the first occasion that an action has been filed in Sri Lanka by a judicial officer against the members of Judicial Service Commission. The case has received wide publicity in Sri Lanka.
A full copy of the petition may be obtained from Asian Human Rights Commission and Mr. Percy Wijesiriwardene may be contacted at his residence in Sri Lanka- Tel. 94-33-23154.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Sir,
I have learned of the complaint of Mr.M. Percy Wijesiriwardene, a Judicial officer of Sri Lanka that he has been unjustly and unfairly treated by three members of the Judicial Service Commission on the basis of a secret report content of which has never being divulged to him. Without in any way wanting to influence the case before court, I wish to state serious concern relating to this incident. If a judicial officer himself has grounds to complain that due process has not been followed in dealing against him it will seriously undermine the confidence in judiciary . Given the serious situation of instability in the country this will be a further more blow to rule of law in the country. We urge you to consider this matter in just and a fair manner and take suitable action regarding the complaint of this officer.
SEND APPEAL LETTERS TO:
Hon. Chief Justice G.P.S. de Silva, Chairman the Judicial Service Commission, The Office of the Judicial Service Commission, Superior Courts Complex, Colombo-12, Sri Lanka, Fax:94-1-320785
CC COPIES TO:
Dato’ Param Cumaraswamy, Special Rapporteur on Independence of Judges and Lawyers, UN Centre for Human Rights, United Nations Office, Palais des Nations, CH-1211, Geneva 10, Switzerland, Tel: [4122] 917 3945, Fax: (4122) 917 0022, Email: Dato Param Cumaraswamy cparam@pc.jaring.my, Email: webadmin.hchr@unog.ch
and Sri Lanka’s diplomatic representatives in your country.
