Several senior members of the opposition United National Party (UNP) have issued statements expressing concern over the resignation of two judges from the three member Judicial Service Commission and requesting that a parliamentary select committee should be constituted to inquiry into such a significant event relating to the administration of justice in the country. However, there is no indication that any practical steps have been taken by the opposition to file the necessary papers and motions in order to call for a select committee of parliament to look into this matter. If this tremendously important issue of public interest is to receive an appropriate response by way of a select committee it is essential to go beyond public statements. It is a sad aspect of the local political culture that everything stops after making public statements and no measures are taken on the basis of available parliamentary avenues to ensure that the matter reaches the appropriate fora. It will have very serious consequences on the whole justice process in Sri Lanka if all matters relating to the resignation of the two judges are to end in this manner. All persons having public interest as their main concern would want the countrys opposition to do much more in order to pursue this matter.
Among the leading figures from the UNP to speak on this matter, was UNP Deputy Leader Karu Jayasuriya, who stated the following in a newspaper article:
“We are deeply perturbed by the recent disclosure of the resignation of two senior Supreme Court judges who were serving as the members of the Judicial Service Commission established in accordance with the 17th amendment to the Constitution, and of the reasons given by them for their resignation. The reasons given by them as stated in their own words not being able to hold the posts according to their conscience we believe is a serious remark made by two senior judges on the functioning of this supreme body, therefore worth public scrutiny and explanation by the government to the public. This we demand not with the slightest intention of interfering with affairs of the judiciary, but in the interest of the people whom we represent. Their resignations have now rendered the Judicial Service Commission, which is responsible for the appointments, transfers and disciplinary matters of the judiciary totally dysfunctional. This development further confounds the existing problems due to the non functioning of the Constitutional Council, Public Service Commission and the non establishment of the independent Elections Commission as stipulated by the constitutional amendment. In the meantime we also observe that transfers, promotions and disciplinary actions in the public services being done under directions of the political authorities in gross violation of the most fundamental objective of the above constitutional amendment adopted with unanimous agreement of the political parties. Further, we see such action being legitimised by giving Cabinet approval to transfer the powers of the Commissions to the secretaries of the ministries till such time the commissions are appointed. This we see as a dangerous development and as an unconstitutional act. We totally oppose such undemocratic moves by the government which leads to undermine democracy. Needless to say that these developments make us believe that the inaction on the part of the government to get these commissions functioning is due to the pressure exerted by the politicians who want to reverse the process of democratic reforms that were painstakingly initiated, in order to re-institute there lost powers and influence over the public service. We fear that if this trend continues the public will lose faith both on governance and the electoral process and before long the very survival of the democratic form of government in this country will be under serious threat. It is all the more saddening to note that these developments are taking place under the government of His Excellency Mahinda Rajapakse who when in opposition vehemently fought against the violation of democratic rights of the people and also it has happened on the eve of Sri Lanka celebrating the 58th anniversary of gaining independence.
The Island 9th February 2006
Meanwhile, two other leading UNP members were reported as calling for the appointment of a parliamentary select committee to enquire into the crisis in the Judicial Service Commission following the resignation of two Supreme Court judges.
It is now for the leading opposition party to back their words by actions and take appropriate measures to ensure that this matter relating to the JSC is placed .
