Attorney-at-Law Jagath Abeynayake has urged the Bar Association of Sri Lanka (BASL) to take action against recent statements targeting the incumbent Chief Justice, warning that such remarks could undermine public confidence in the judiciary.
In a letter addressed to the BASL President, Abeynayake said recent statements made while using parliamentary privileges and allegedly targeting the Chief Justice personally were a matter of serious concern.
The letter comes amid an ongoing debate over the proposed 22nd Amendment to the Constitution and the Judicature (Amendment) Bill, which seek to increase the retirement age of judges by two years.
The proposed legislation has been gazetted, and any party has the opportunity to challenge its constitutionality before the Supreme Court within 14 days of its inclusion in the Parliament Order Paper.
Abeynayake said some members of the BASL had expressed political views portraying the proposed amendments as a move intended to extend the tenure of the incumbent Chief Justice, describing such claims as misleading the public and the Maha Sangha.
While noting that different parties have expressed differing views on the proposed amendments, he said the BASL leadership had adopted a position in support of the proposed changes.
However, Abeynayake stressed that his criticism was not directed at the Chief Justice personally, but at what he described as the BASL’s failure to respond to recent statements targeting the Chief Justice.
He said that if similar statements targeting a sitting judge were made in any other circumstances, the BASL would be expected to regard them as a serious attack on the judiciary and the legal profession and publicly express its opposition.
Abeynayake questioned why the BASL had not responded to the recent statements targeting the incumbent Chief Justice, saying its silence could create a public perception that the association endorsed or tacitly agreed with the remarks.
He stressed that the BASL has a longstanding responsibility to provide support, protection and assistance to its members and judicial officers when necessary, while maintaining impartiality and safeguarding the independence of the judiciary.
He also said that where defamatory statements against a judge could affect the administration of justice, the BASL should intervene publicly in defence of the judge and judicial independence.
Against this backdrop, Abeynayake urged the BASL President to take appropriate action regarding the recent statements and their alleged impact on the incumbent Chief Justice, the Supreme Court and the judiciary.
He further called on the BASL to maintain professionalism while expressing its views on the proposed extension of judges’ retirement ages and other matters concerning the judiciary.
Abeynayake warned that allowing political differences or personal opinions among BASL members to influence the association’s public position could damage the reputation and dignity of the organisation.
He concluded by requesting an opportunity to discuss the matter with the BASL Executive Committee. (Newswire)
