Rarely do politicians apologise to the Judiciary

It is not often that Sri Lankan politicians apologise to the Judiciary. That however happened last week and the man who did so was Industry and Commerce Minister Rishard Bathiudeen, who apologised to the Court of Appeal and the former Mannar Magistrate.

The apology brought to an end a long tug-of-war between the Minister and the judiciary, a conflict that even preceded the tussle between the ruling United People's Freedom Alliance (UPFA) and former Chief Justice Shirani Bandaranayake.

The dispute first arose in July 2012 when it was alleged that the Minister had threatened the then Mannar Magistrate. This was after Magistrate Anthony Pillai Judeson ordered the arrest of a group of men alleged to be supporters of the minister over an arson attack on houses belonging to local Tamil fishermen.

On hearing the case on July 16, 2012 the Magistrate was informed that the Tamil fishermen, whose houses were burnt in the arson attack, had also been prevented from going to sea for a month by thugs who enjoyed the patronage of a local Muslim politician. The judge ordered the arrest of the suspects.

A day later, about one hundred people gathered outside the Mannar Magistrate’s Court, holding placards against the judge. As the judge passed the protesters in his vehicle, he received a telephone call allegedly from Minister Bathiudeen, who allegedly told the judge to revoke his order to arrest the arsonists.

Magistrate Judeson had responded to the telephone call stating that the request amounted to Contempt of Court on the part of the minister and that the minister should seek redress from the Judicial Services Commission (JSC) should he be unhappy with the Court Order.

The caller who was alleged to have been Minister Bathiudeen reportedly retorted, calling the judge a supporter of the LTTE and warning him of dire consequences for not complying with his request. He is alleged to have warned that the Court house would be burnt down by mobs.

It was also alleged that the minister had thereafter phoned the then JSC Secretary Manjula Tillekeratne and demanded that the Magistrate be transferred immediately. This led to allegations of political interference in judicial matters.

Thereafter, the conflict escalated. The Magistrate complained to the JSC and followed up with a written complaint. There was also speculation that protests were being planned against the Magistrate.

On July 18, crowds allegedly instigated by Minister Bathiudeen gathered near the Court, carrying placards. The proceedings of the Court were disrupted by the chanting of the protesters. Police tried to disperse the crowd but were unable to do so.

Within minutes, the crowds turned violent, pelting stones at the Court. There was an attempt to set fire to the storeroom belonging to the Court where productions were kept. The magistrate had to call in the Army to restore law and order.

While the Court house was under attack, the Magistrate received a call from a private number. The caller identified himself as Minister Bathiudeen and reminded the judge that he warned him on the previous day that the Court would be torched if he did not comply with the minister’s instructions.

Thereafter, seven senior lawyers instituted proceedings against Minister Bathiudeen for contempt of court in respect of actions taken by him in Mannar. The matter was then taken up by the Court of Appeal which issued notice on the Minister to show cause as to why he should not be punished for Contempt of Court.

The incidents in Mannar were roundly condemned in legal and judicial circles. Civil society leaders were quick to cite these events as evidence that the independence of the judiciary was under threat. It also led to President Mahinda Rajapaksa ordering a special police investigation.

There were also calls for Bathiudeen’s resignation but the minister stayed put and wasn’t disciplined over the matter. For Rishard Bathiudeen, schooled in the rough and tumble world of regional and communal politics, this might have been a minor skirmish.

The 41-year-old Abdul Rishard Bathiudeen hails from Mannar and holds a National Diploma in Technology and Civil Engineering from the University of Moratuwa and is also a member of the Chartered Institute of Engineering but it was politics that took his fancy.

Given his current political pronouncements, only a few will remember that Minister Bathiudeen entered Parliament on the United National Party (UNP) list. That was when as a 28-year-old newcomer to politics he contested the 2001 general elections from the Vanni electoral district and won.

At the 2004 elections Bathiudeen retained his seat, polling the highest number of preference votes in the Vanni district. As the UNP went in to the opposition however, Bathiudeen changed loyalties. He assumed leadership of a party styled the All Ceylon Muslim Congress (ACMC).

Bathiudeen then pledged his allegiance to President Mahinda Rajapaksa and at the 2010 elections, contested the polls from the United Peoples’ Freedom Alliance (UPFA). Again, he topped the list of the preferential votes in the Vanni district, this time though for the UPFA.

President Rajapaksa, probably recognising Bathiudeen’s value as a regional politician in a province where the UPFA struggles to find a foothold, appointed him as Minister of Industry and Commerce in 2010. Since then, his claim to fame has been his encounter with the judiciary.

Interestingly, in apologising to the Court of Appeal last week, Minister Bathiudeen does not admit that he made the offensive telephone calls to the Magistrate, although it has been established that they were indeed made from a phone registered under his name. In fact, he implies otherwise.

The settlement filed before the Court states that Bathiudeen “regrets that the telephone registered under his name has been used to make the telephone calls….; and apologises for the unauthorised use of the telephone”, suggesting that someone else used his telephone.

Bathiudeen’s supporters would say he has been humble enough to apologise to court but his critics would say he has got off lightly without even admitting to the offence, but what is certain is that Rishard Bathiudeen has survive yet another sordid political saga.