Daily News Editorial

MR and independence of the judiciary

21 February 2017

Former President Mahinda Rajapaksa has joined the chorus of his Joint Opposition cohorts in criticising the appointment of a High Court Judge by the Yahapalanaya government in what he calls a move to appease its political allies. He goes on to state that it is essential to abide by the accepted practise in making judicial appointments to safeguard the INDEPENDENCE OF THE JUDICIARY (emphasis ours).

Rajapaksa is the last person who can speak about the independence of the judiciary, after making not just the Judiciary, but also the Attorney General's Department, a malleable tool in his hands. The AG's Department was prevailed upon to close the cases of wrong doers who had switched their allegiance to the Rajapaksas after deserting the UNP. A self confessed rapist was allowed to go scott-free after switching sides while another - a former Deputy Minister from the Colombo District- charged for murder had his case summarily withdrawn at the instance of the powers that be.

Rajapaksa also should be careful when he espouses the cause of an independent judiciary because his record in this connection is bound to come under scrutiny and he will only be opening a can of worms. The whole sordid saga involving former Chief Justice Dr. Shirani Bandanayake is still fresh in the minds of the public. They are aware that, but for the adverse verdict given in connection of the Divi Neguma Bill, Dr. Bandaranayake would have continued to remain as CJ. She was subjected to impeachment only because she exercised HER judicial independence and struck down the Bill that gave unlimited powers to a Rajapaksa sibling to handle billions of rupees bypassing parliament.

When Rajapaksa talks of Independence of the Judiciary he must mean independence in the true sense of the word. But the former President appointed the husband of the self same Shirani Bandaranayke to an important government post while the latter remained the CJ. How will his present espousal of an independent judiciary juxtapose with his act of appointing the spouse of the country's Chief Justice to a high profile government post that is bound to colour judgements in the government's favour, although we are here not suggesting that Dr. Bandaranayake would have been so influenced, a fact borne out by her Divi Neguma judgement.

Rajapaksa has also taken exception to the manner in which his choice of Chief Justice Mohan Peiris was removed from office, which he contents was by Presidential fiat that was unconstitutional rather than through the legislative process. While conceding that the laid down procedure to oust Dr. Bandaranayake was followed, what actually took place was a travesty, with the former CJ being subjected to humiliation trough a mock trial with handpicked Rajapaksa acolytes forming themselves into a Parliamentary Select Committee that was in fact a Kangaroo Court. Not only that, the ousted Chief Justice was subjected to further indignities and humiliation with government sponsored mobs armed with loud speakers taking position outside the official bungalow of the CJ to hurl abuse and invective at a female judge.

President Sirisena, the other day, made a public revelation on how the former Chief Justice Mohan Peiris approached him, not once, but twice, with a pledge to enter judgements at the behest of the President and that he (President) was compelled to show the door to the supplicant in order to protect the independence of the judiciary. President Sirisena who made the same charge at the beginning of his Presidency has so far not been challenged on this score and it is only logical to assume that this unethical approach was indeed made by Peiris.

Going by this logic it is only too obvious how the self same Mohan Peiris acted at the behest of the former President in his judgements and the hypocrisy of Rajapaksa in now espousing the cause of an independent judiciary.

Last, but not the least, the whole country was agog with the news of an attempted coup by Rajapaksa to remain in power on election night while the results were trickling in to show the former President was doomed. It was also said that he was in the company of his inner coterie planning a way out of the disaster. When the then Opposition Leader Ranil Wickremesinghe went to Temple Trees the same night, who was he to behold among this inner circle, plotting and planning for Rajapaksa to stay put, but the country's Chief Justice.

It is difficult to comprehend how a Chief Justice, who was among the conspirators, finding a way to keep the then President in office, despite the results, could ever be independent. It was also well known how the former President dangled plum appointments before Supreme Court judges to obtain favourable judgements. One Supreme Court judge in fact was appointed as High Commissioner to London while another Judge- a former Chief Justice, no less, ended up as an Advisor to the former President. Not quite the conduct of Rajapaksa that would have inspired people on the independence of the judiciary, for which he has now taken up cudgels.