Lawyer’s Collective Calls for Transparent Investigation into Judicial Corruption Allegations
The Lawyer’s Collective has called for a transparent and thorough investigation into recent allegations of corruption within the judiciary. The allegations were made by MP Roshan Ranasinghe, Minister of Sports, against the President of the Court of Appeal during a parliamentary session on November 8, 2023. The Lawyer’s Collective emphasizes the seriousness of any abuse of office by a superior court judge and the need to address such allegations promptly.
Corruption and abuse of office have plagued many institutions of government in Sri Lanka, including the judiciary. The presence of corruption, whether real or perceived, can be detrimental to democracy and the rule of law. In order to protect the integrity and independence of the judiciary, it is crucial to take swift and transparent action when allegations against judicial officers arise.
Currently, there is no transparent and accountable process in place for disciplinary investigations and actions against judicial officers of the superior courts, aside from the procedure for impeachment. Impeachment and removal of a judge of the superior courts require a resolution to be tabled in Parliament, signed by one-third of the Members of Parliament, and a panel of inquiry consisting of three retired Judges of the Supreme Court to investigate the alleged misbehavior or incapacity of the judge. If the judge is found guilty, the resolution is forwarded to the President for an order of removal.
However, the Lawyer’s Collective believes that the impeachment process should be a last resort and that the superior courts should establish an internal regulatory system to address ethics and discipline. This would ensure that any allegations are promptly and appropriately dealt with and that the findings are made public. The establishment of a binding code of conduct and ethics for superior court judges is also necessary.
The Collective urges judges named in allegations to recuse themselves from related cases until an internal procedure determines the presence or absence of a conflict of interest. Additionally, the Chief Justice should suspend any processes for promotion until allegations or complaints are cleared.
It is essential for appointments to the superior courts to be made on the basis of merit and integrity, rather than solely on seniority. Recent allegations against the President of the Court of Appeal were made in relation to stay orders issued by the Court of Appeal suspending an Interim Committee appointed to Sri Lanka Cricket. While the speech made by MP Roshan Ranasinghe is protected by parliamentary privilege, it does contravene standing orders prohibiting commentary on the personal conduct of judges.
Upholding the independence of the judiciary requires responsible actions from members of Parliament who possess information relating to corruption or abuse of office by judicial officers. They must refrain from misusing the protection of parliamentary privilege. Lawyers must also act in a manner that upholds public confidence in the judiciary.
Addressing corruption, respecting the checks and balances between the branches of government, and safeguarding the integrity of the judiciary are crucial for Sri Lanka’s progress. These efforts are necessary for economic recovery, the strengthening of democracy, and the protection of the interests of the sovereign people of Sri Lanka.
Overall, the Lawyer’s Collective urges a transparent investigation into the allegations of judicial corruption, emphasizing the importance of maintaining the integrity and independence of the judiciary in Sri Lanka.
