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The Sri Lankan public has seen its fair share of bizarre political developments over the past few years, but never has the drama taken on dimensions of high farce as in the ongoing standoff between the executive and the judiciary.
In a turn of events that unfold like the ‘theatre of the absurd,’ the country’s last bastion of democracy, the judiciary, appears to be subjected to assault from the executive branch of government.

The developments of the past few weeks culminating in a physical attack on the Secretary of the Judicial Services Commission by unidentified goons resulted in a level of universal public condemnation rarely seen. The legal fraternity was moved to take the unprecedented step of resorting to strike action in order to register its outrage, leaving the courts paralysed for a couple of days. The government has drawn flak not just from lawyers’ associations but from rights activists, intellectuals, unions, the business community, sections of the media and the opposition (with a few predictable exceptions).

One aspect of this drama that takes it into the realm of the ridiculous would seem to be the manner in which government heavyweights have been straining to assert that there is no attempt whatsoever to ‘interfere with the judiciary,’ and insisting that there is no rift between the executive, legislative and judicial branches of government, as claimed by those it labels as wily detractors and assorted conspirators.

This stance is maintained for public consumption, while simultaneously a vicious campaign is being waged at a subterranean level against the judiciary in general and the Secretary of the JSC in particular. These verbal gymnastics of government strongmen engaged in this exercise of obfuscation at press conferences, cabinet briefings and other public forums, while they may be mildly entertaining, fail to deceive the humblest man-in-the-street, leave alone the hapless media called upon to convey this nonsense to the public.

By far the most colourful verbal contortions were displayed by Housing Minister Wimal Weerawansa. According to his inimitable logic, the JSC Secretary’s behaviour is suspect because he sat inside his parked car reading a newspaper outside his child’s school, instead of dutifully attending the school event. Manjula Tillekeratne apparently willfully came there without his bodyguard and with malicious intent opened his car door to allow the goons to assault him.

Moreover he cunningly orchestrated and timed this assault upon himself to coincide with the T20 World Cup Final in Colombo, in order to get maximum international media coverage. All this, just so the government would be brought into disrepute. “They,” the un-named enemy, had an ingenious plan to set the executive, legislature and judiciary against one another and destabilize the country.

SLFP General Secretary Maitripala Sirisena for good measure has offered some other options for the bemused public to consider. He has accused “capitalists, NGOs and the Tamil diaspora” of a grand conspiracy. Minister Sirisena’s conspiracy theory was somewhat more specific than that of Minster Weerawansa, in that he named his villains. But it lacked the colour of Weerawansa’s act. And he hasn’t made up his mind about his choice of villain. But no matter, since the idea is to make sure the audience loses the plot. Ministers Dulles Alahaperuma, Nimal Siripala de Silva and Susil Premajayantha played supporting roles while Sirisena vehemently asserted there was no conflict between the judiciary and executive.

Perhaps it was sheer perversity on the part of the judges and lawyers to suggest there was, and bring the courts around the country to a standstill to drive home the point.

Are we to believe that it is a matter of coincidence that the Supreme Court’s ruling regarding the Divineguma Bill, requiring that it be passed by all Provincial Councils before being tabled in parliament, was delivered around the same time that the JSC Secretary protested that “influences” were being brought to bear on the JSC? Are we not supposed to speculate that the government is piqued that its plans to steamroll a problematic bill through parliament, got stalled by the SC ruling? Was it mere happenstance that the JSC Secretary warned of danger faced by the Commission members and their families, just a week before he himself was attacked? Or, as many are inclined to believe, was the JSC Secretary trying to send out an S.O.S. that judicial officers were being subjected to subtle forms of intimidation?

The Divineguma Bill has been challenged in court by petitioners because it contains clauses that reek of authoritarianism. It is quite natural for the Tamil National Alliance to challenge the Bill because it apparently requires approval from all Provincial Councils, and the Northern Provincial Council, in which the TNA would potentially be a major stakeholder, is non-existent. The government maintains that the consent of the Governor of the Northern Province would suffice in lieu of the non-existent Council’s approval. The Supreme Court’s ruling on this matter is awaited.

Meanwhile the questions persist. Was it sheer coincidence that President Rajapaksa, at a meeting with media heads denied that he interfered with the judiciary, and at that same meeting referred to allegations that have supposedly been levelled against the JSC   Secretary, and raised doubts over the suitability of his appointment, suggesting a lack of seniority? We are left to ponder how these issues accidentally burst into the media spotlight at the same time for no apparent reason.

In a final bizarre turn of events, Minister Keheliya Rambukwella has announced that there is to be an ‘inquiry’ into the assaulted JSC Secretary’s conduct. This, we are assured, is in order that the independence of the judiciary may be upheld. It is claimed he stepped out of line in issuing a media statement regarding threats to the JSC. A new crop of allegations against him has suddenly surfaced.

Who the conspirators behind this crisis are, still remains a mystery. The government has suggested a plethora of possibilities. Is it the opposition, the international NGOs or the Tamil diaspora? Perhaps it is the LTTE – or ‘those who are keen on implementing the 13th amendment.’ It has even been suggested that it could be those who exposed the NSB-The Finance Company share transaction. Is it the capitalists? Or the socialists? Is it none of the above, or all of the above? Given the present confusion it looks as if the public will have to decide for itself.

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