Parliamentary Select Committees : Integrity etc

By Shelton Perera   (Retired District Judge)

An article in a state-run newspaper conveyed the impression that Neville Samarakone resigned when the Impeachment Motion was moved against him. My recollection was that he boldly appeared before the P.S.C, had his say, and was unanimously exonerated. He had retired after a ceremonial sitting of the Supreme Court on the 21st of October 1984, the day before his birthday. My recollection was confirmed as being correct by the then secretary of the Judicial Service Association Sarath Gunatilake.

  The News Article continued to state that the present Government Parliamentarians including the P.S.C members appreciated the present C.J’s appearance before the P.S.C. That speaks well for the C.J and for Government Parliamentarians who appreciated her appearance before the P.S.C.
 When Neville was appointed C.J by J.R Jayewardene a priest who knew Neville and also knew how close Neville was to J.R asked me, “Can you expect any Justice now?” My reply was, “Neville has a conscience and lacks neither money nor recognition. We’ll wait and see”. And true to what I said when J.R had perhaps expected a favour Neville seems to have corrected J.R with, “J.R, our friendship is at home. My duties are sacred. Please don’t touch!”
 That seems to be how even an ordinary person with a conscience would act when vested with sacred duties. We have the case of Thomas Beckett who earlier had been a pimp supplying women to King Henry when Henry appointed Beckett as the Ach Bishop of Canterbury to replace the incumbent Arch Bishop who was Criticizing Henry’s immoralities, Beckett too, disregarding the risks, declared the King was wrong and got beheaded. Beckett is remembered as an example.

 The decision of the P.S.C that exonerated Neville was accepted by the public. The public are Judges of the appointed Judges. In the 1960s I remember one judge saying that after his term of understudy when he mounted the bench for Judicial duties he did not feel like the Almighty over the hundred or so before him. He said he was conscious that his every word, his every smile, his every gesture was being judged by them.

 A Judge is appointed to serve the people by doing Justice without fear or favour. He shall not favour the government that appointed him. An order by him without fear or favour as Justice demands, if against the Government and accepted by the Government, would raise his prestige and that of the Government.

 In our day we did not sense any constraints when we had to turn away the most powerful minister’s emissary or even directly correct the Minister. Even the most powerful of them accepted correction.

" Let not worldly positions and possessions tempt you to compromised your integrity. That would lead to a death-bed on fire. This applies to all mankind and in particular to Judicial and Quasi-Judicial officers including the Chief Justice and select committee members appointed for the purpose of judging the actions of others "

  No one should accept Judicial or Quasi-Judicial appointment unless he has the integrity; the strength of character; to act without fear or favour. When the appointment has been made on political affiliations, the affiliation has to stand down for Justice to be done. failing which Despotism may creep in to be followed by assassinations and Anarchy.

Let not worldly positions and possessions tempt you to compromised your integrity. That would lead to a death-bed on fire. This applies to all mankind and in particular to Judicial and Quasi-Judicial officers including the Chief Justice and select committee members appointed for the purpose of judging the actions of others.