JSA Warns of Coordinated Attack on Judicial Independence

COLOMBO (News 1st); The Judicial Service Association says that it observed a specific effort to discredit impartial judges, is unfolding in parts.

Issuing a statement, the Judicial Service Association points out that one of the steps in the discrediting effort is to create ideologies that will cause personal discredit to the judges who have taken important decisions for the well-being of the judicial system after they are transferred.

The Judicial Service Association serves as the premier professional organization for District Judges and Magistrates in Sri Lanka.

A statement to Parliament on the 19th of June by the Minister of Justice prompted the Judicial Service Association to issue a statement.

The Judicial Service Association expressed concern over unwarranted criticisms directed at the judicial system.

These critiques, it argued, have the potential to undermine the entire legal framework.

The association asserts that these criticisms are planned attacks, motivated by dissatisfaction with legal rulings and orders issued by courts in accordance with the law, particularly in cases where the opposing parties have politically challenged the legitimacy of these rulings without distinguishing between truth and falsehood.

A translated excerpt from the statement reads:

"A party aggrieved by a judicial decision may utilize the Supreme Legislature, a pillar of the people's sovereignty, to voice dissent without resorting to the constitutional appellate procedure. This exercise of public sovereign power under the guise of parliamentary privilege contravenes Article 91(e) of the Standing Orders, which prohibits expressing opinions on ongoing cases. We view this as malicious criticism of the judiciary, constituting a public challenge to its independence—an essential foundation of a democratic society."

The Judicial Service Association also highlighted that the ultimate goal of discrediting judges personally is to undermine their courage and impartiality, thereby weakening the judiciary and making it susceptible to external manipulation.

The association notes that recent attacks have primarily targeted the former Colombo Chief Magistrate and the former Mount Lavinia Magistrate.

Additionally, the Judicial Service Association said there is an ongoing effort to replace the current Secretary of the Judicial Service Commission by propagating falsehoods.

The Judicial Service Association emphasized its unwavering support for the Secretary of the Judicial Service Commission, who is committed to protecting judicial officers from external influences.

Judicial Service Association said that traditionally, the Minister of Justice, though not a member of the judiciary, has played a crucial role in safeguarding the dignity of the judiciary against external pressures in the Westminster parliamentary model.

The Judicial Service Association pointed out that judges, bound by the high traditions of their profession, cannot publicly counter such pressures.

The Judicial Service Association warned that when an individual holding a significant and sensitive role in upholding the rule of law becomes a party to a case and expresses dissatisfaction with the court's decision, it can lead to unnecessary conflict between the legislature and the judiciary.

It added that this is a situation that would lead to serious and disastrous consequences, and must be defeated unconditionally.

The Judicial Service Association stressed that protecting the independence of the judiciary is irrevocable and is the collective responsibility of every citizen to ensure a civilized society.