Ceylon Today Editorial

Independence of Judiciary restored

16 October 2016

Exactly two months ago President Maithripala Sirisena as the Chief Guest at the 29th Anniversary Conference of LAWASIA held in Colombo said that the 'independence of Sri Lanka's Judiciary has been restored and must stay that way, as the international community including the United Nations Human Rights Council (UNHRC) is closely watching its development'.

He added, "I can assure you that we are on the right path, though several things remain to be done".

The President then stressed that to create a just society, the rule of law and independence of the Judiciary, are a must.

Then, mid-week this past week, media, political, Police and even legal circles were plunged into high dudgeon over a Police statement to the effect that a man intimately linked to the infamous Aturugiriya weapons cache had supposedly committed suicide leaving behind a suicide note, supposedly (because it is yet to be proved whether the suicide note was one written of his own volition or under duress), claiming to have been the killer of a leading journalist which case has been grabbing headlines for many years.

This would have passed by without much ado but for the fact that the Mount Lavinia Magistrate on Friday re-remanded Premananda Udalagama until 28 October despite pressures under which the Police and legal authorities are working because of what Wickrematunge's lawyers argued in Court Friday were attempts to impose fiats on the Police and Judiciary. The Mount Lavinia Magistrate heard arguments and re-remanded Udalagama ignoring any perceived pressures relating to how the law must treat servicemen who had served the nation during the war against the LTTE.

While it is argued that there must be some decorum about the manner in which war heroes need to be treated in Court in connection with civil cases, surely, the President cannot be wanting, the same approach in connection with murder cases. Not after his assurances at the LAWASIA Anniversary Conference.

His criticism has been in general terms and not once has he tried to impose executive pleasure on the Police or Judiciary to the detriment of the dispensation of justice where such cases are concerned.

The President, Prime Minister and Minister of Law and Order Sagala Ratnayake also met in closed door discussions last Wednesday and to date the subject of their discussion is not known.

But the suicide note, Udalagama's release in the Tennekoon assault case and immediate re-remanding in the Lasantha murder case came almost simultaneously after the President's censure on the manner in which war heroes are being perceived to being not accorded some special status in Court in the processes of justice.

But the President certainly stopped short of accusing the Police, Independent Commissions and the Judiciary of not doing their work honestly and transparently.

What had caused concern in Police and Judiciary circles is the fact that Wickrematunge's remains were exhumed on a Court order after the CID informed Court that there were inconsistencies in the autopsy report submitted by the then JMO.

The new autopsy report is expected to be released this month. Wickrematunge was assassinated while on his way to work in January 2009.

In July, the CID arrested Udalagama in connection with the Wickrematunge murder. The Army Intelligence Officer was also identified as the person who abducted Dias, the slain editor's driver.

But what specifically worried the Police and the Judiciary is the fact that the President did say last Wednesday, at the Sri Lanka Foundation Institute, that military intelligence officers are being held in remand custody for over 10 months without indictments against them.