Ex-SC
Judge slams Executive Interference
By Neville de Silva in London
Sri Lanka's Independence of the Judiciary was severely criticised
by a recently retired Supreme Court judge who declared that the
country's Executive was more interested in appointing those who
worked in close collaboration with it to judicial posts than senior
lawyers and judges of the original courts.
Chief
guest, retired Supreme Court Judge C.V. Wigneswaran led the charge
at this week's annual general meeting of the Association of Sri
Lankan Lawyers in the UK saying that the higher judiciary of any
country must be " an independent, robust and dynamic institution,
rather than an appendage of the Executive."
He
said, it was in the best interests of the Executive to appoint to
the high judiciary "those individuals who worked in close collaboration
with it." Justice Wigneswaran said that experienced practising
lawyers and judges of the Original Court who are proximate to the
problems of the people have been overlooked to bring in younger
persons who had throughout their professional life-time been concerned
with the welfare of the Executive.
Justice
Wigneswaran blamed particularly the executive presidency for the
subtle interference with the appointment process relating to judges
of the Higher Judiciary.
The
important constraining factor in the functioning of the judiciary
in recent times has been the undue, indirect and subtle interference
of the Executive, he said. Harendra de Silva, QC, presided. Another
QC, Desmond de Silva, who is a patron of the association sent a
message from Freetown, where he is serving as the Prosecutor of
the UN sponsored Special Court for Sierra Leone. |