Political meddling in the legal system should be a relic of the past

It is imperative for the current leaders to ensure fullest freedom in the judicial system, with their words and deeds, if they are really committed for a system change

Addressing the National People’s Power’s May Day rally in Nuwara Eliya, President Anura Kumara Dissanayake stated that a significant number of individuals accused of fraud and corruption would be imprisoned in 2026 and that the year 2026 will be remembered in Sri Lankan history as the year corrupt individuals, fraudsters, and thieves were sentenced to prison. 

He also noted that ten cases are scheduled to be heard in court during May and that an order was issued yesterday (April 30) for a verdict in one of the cases to be delivered within the month.

And now, Opposition leaders have cast doubt on the legal validity and morality of the President’s guarantee. They contend that any foreknowledge of pending judicial verdicts suggests an inappropriate influence over the courts. 

Cabinet spokesman, Minister Nalinda Jayatissa however refuting those allegations had stated that the President had just mentioned the dates of some court cases which is common knowledge. Yet, the President did not stop short of just mentioning the dates of several cases, but predicted the outcomes of them.

However, the interpretation of President’s comments remains bifurcated. One perspective suggests foreknowledge of judicial outcomes, implying government interference; conversely, it can also be argued that he was exercising his right to freedom of thought, as outlined in the International Covenant on Civil and Political Rights, by simply voicing a desired outcome.

Nevertheless, the legacy of judicial manipulation by previous administrations lends significant credibility to the Opposition’s current accusations, in the eyes of the electorate, despite the same leaders of the Opposition being the leaders of those past governments. It would be appropriate to remind former President Maithripala Sirisena who publicly claimed that a former Chief Justice begged him not to terminate his service pledging to deliver verdicts preferable to the President. And the 43rd Chief Justice Shirani Banadaranayake was impeached after clashes with the Mahinda Rajapaksa Government.

Sri Lanka is a country where there have been crimes without criminals being found or indicted and the reports from the UNHRC highlight a deep-seated lack of accountability within the country, noting that impunity remains widespread. Many criminal and corruption cases have been withdrawn by the Attorney General in the recent past without giving reasons. 

Former Parliamentarian Sivanesathurai Chandrakanthan alias Pillayan who had been charged for the murder of another former Parliamentarian, Joseph Pararajasingham was discharged and released in January 2021 after the Attorney General withdrew the charges without citing reasons. Similarly, former Reconstruction and Development Agency (RADA) Chairman Tiran Alles, along with three others who had been accused of fraud were released in July 2020, on the request of the AG, on the basis of contradictory evidence. 

The Colombo High Court had ruled in January, 2021 that the manner in which the Bribery Commission had filed a case against former Minister Johnston Fernando for allegedly casing a loss of Rs. 40 million to the state by using 153 employees of Lanka Sathosa in political activities was unlawful. He was also discharged. The interesting point in the cases against Tiran Alles and Johnston Fernando was that the prosecutor was the AG who seemed to have filed weak cases against political bigwigs of the day. In March 2011, the then MP Chandana Kathriarachchi who was recently arrested with a cache of weapons and three others were acquitted from a case in which they had been charged for murdering a supporter of the opposition (UNP) at Piliyandala in 2006.

What is common in these cases was that no follow-up action was taken thereafter by the AG or the law enforcement authorities to find the criminals involved in those cases, leaving them as crimes without criminals. There have been times when people with political connections had been assured of impunity for crimes and corruption while the adversaries of the governments of the day were threatened with vendetta. Hence, it is imperative for the current leaders to ensure fullest freedom in the judicial system, with their words and deeds, if they are really committed for a system change. 

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