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As controversy rages over covid webinar, JSC mulls clarification
In the wake of controversy surrounding the webinar titled “Matters relating to judicial proceedings in the context of the Covid-19 Pandemic,” conducted by the Sri Lanka Judges’ Institute, the Judicial Service Commission (JSC) is expected to issue an official clarification in the coming days.
The webinar, which was held on August 13, has come under scrutiny following allegations that the issue of trade union protests and the role of the courts had been discussed at the meeting, with some claiming that judicial officers had been given “instructions” on using certain sections of the law to control public gatherings on account of the covid pandemic.
National People’s Front (NPP) Leader Anura Kumara Dissanayake raised issue over the matter in Parliament on Tuesday (please see box above), while Opposition Leader Sajith Premadasa also issued a statement. Meanwhile, the Bar Association of Sri Lanka (BASL) too wrote to the JSC asking it to immediately address concerns raised over the meeting.
In his statement, Mr. Premadasa said that although the JSC was supposed to be an independent institution, he had information that many matters discussed at the seminar had raised serious concerns over the JSC’s independence. He said such incidents would only serve to confirm fears among the public that the 20th Amendment to the Constitution had eroded the rule of law and the independence of the judiciary.
The Government rejected accusations that it had any hand in the webinar and insisted that the matter would have to be clarified by the JSC. Justice Minister Ali Sabry told Parliament on Tuesday that questions raised by Mr Dissanayake regarding the meeting should be addressed to the JSC as it is an independent body.
Media Minister Dullas Alahapperuma told a news conference that the Government hoped the JSC would clarify the issue.
The meeting had also been attended by non-judicial officers such as senior health officials, who had reportedly briefed the attendees, most of whom were joining in virtually, of the current state of the pandemic.
A senior JSC source told the Sunday Times that the webinar had been organised with “good intentions” to brief judicial officers on “practical issues” that had arisen when implementing some of the 17 circulars that the JSC had issued on conducting court proceedings during the pandemic. The meeting also discussed finding solutions to these issues. During the course of these discussions, however, the current state of affairs was also discussed, the source said, without elaborating.
Another issue that has raised eyebrows is the letter allegedly sent by the JSC Secretary to attendees. The letter stated that attendance at the webinar was mandatory and failure to participate would be taken into consideration when recommendations were made for “promotions, annual salary increments, foreign training and appointment to High Court.”
The JSC source, though, claimed such wording had been used when instructing judicial officers to attend meetings on previous occasions as well.