Opinion
Uphold the Integrity and Independence of the Judiciary
Statement by Lawyer’s Collective Calls for Due Process and Investigation of Allegations of Corruption or Abuse of Judicial Office
The Lawyer’s Collective calls for a prompt response to recent allegations of abuse of judicial office against the President of the Court of Appeal by MP Roshan Ranasinghe (Minister of Sports) on 8th November 2023 in Parliament. Any allegation of abuse of office by a superior court judge is a very serious matter. Similarly, undermining orders by a court under the cover of privilege in Parliament without formal complaints is equally very problematic.
We recognise that corruption and abuse of office have a stranglehold over many institutions of government in Sri Lanka. Actual or even perceived corruption within the judiciary of a country can fundamentally erode democracy and the rule of law.
Therefore, it is crucial that expeditious, transparent and robust measures are taken in light of any allegations against a judicial officer to determine if these are true or false, in order to protect the integrity and independence of the judiciary. We remind that the independence of the judiciary is fundamental to protecting the fundamental rights of people and maintaining the sovereignty of the people of Sri Lanka, as guaranteed by Articles 3 and 4(c) of the Constitution.
Apart from a procedure for impeachment, there is no transparent and accountable process in place for disciplinary investigations and actions against judicial officers of the superior courts. Impeachment and removal of a judge of the superior courts is provided for in Articles 107(2) and (3) of the Constitution and Standing Order no. 84. Notice of a resolution must be tabled in Parliament signed by not less than one-third of the total number of Members of Parliament, setting out full particulars of the misbehaviour (Article 107(2) of the Constitution), and the Speaker, in consultation with the Prime Minister and the Leader of the Opposition in Parliament, shall appoint a panel of inquiry consisting of three retired Judges of the Supreme Court to investigate the alleged misbehaviour or incapacity of the Judge concerned (Standing Order 84).
If the judge is found guilty by the panel, the findings will be presented by the Speaker to Parliament for approval. If a majority of members of Parliament vote in favour of the resolution that determines the judge to be guilty, the Speaker shall forward the resolution to the President for an order to remove the relevant judge. The high threshold for initiating the impeachment procedure must not prevent all allegations from being investigated and addressed.
The Lawyer’s Collective urges the superior courts to establish an internal regulatory system that addresses ethics and discipline in these Courts whereby the procedure of impeachment by Parliament becomes a measure of last resort. The superior courts must ensure that any allegations are promptly dealt with appropriately and findings made public. This is necessary to safeguard the independence and integrity of the judiciary. Any allegation of conflict of interest or dereliction of duty or misconduct must be subject to a credible investigation that publicly exonerates or confirms guilt. An internal procedure for addressing such matters is critically important to create public confidence in the judiciary’s contribution to administration of justice in our country.
The superior courts should also formally promulgate a binding code of conduct and ethics for superior court judges, which was mooted a few years ago.
Best practice dictates that a judge named in allegations in the public domain as having failed to declare a conflict of interest in a case should recuse oneself from the said case until an internal procedure that establishes that there is no such conflict is concluded.
There must be collective support for this from the judiciary itself under the leadership of the Chief Justice. In this instance, the Chief Justice must also ensure that any processes for promotion which may be due for the relevant judge are suspended pending a clearing of allegations or complaints.
We emphasise yet again that appointments made by the President to the superior courts in consultation with the Chief Justice and as approved by the Constitutional Council must be on merit and integrity rather than merely on seniority.
The recent allegations against the President of the Court of Appeal were made on the floor of Parliament by MP Roshan Ranasinghe in the context of stay orders issued by the Court of Appeal suspending an Interim Committee appointed to Sri Lanka Cricket. Whilst this speech is protected from charges of defamation or contempt of court by Parliamentary privilege, it contravenes standing orders 83 (1) which prohibits commentary on the personal conduct of judges except through the tabling of a substantive motion relevant to such conduct.
Upholding the independence of the judiciary requires that members of Parliament act responsibly when they come into custody of information relating to the corruption or abuse of office of a judicial officer. They must refrain from misusing the protection afforded to them by Parliamentary Privilege.
It is also important to remind lawyers that their interactions with the judiciary are a matter of public concern. Lawyers must not have a hand in questionable practices.
Actual and perceived interference with the exercise of judicial office whilst being criminal and subject to rules of discipline in the legal profession, also amounts to a direct undermining of the rule of law, democracy and the sovereignty of the people.
Rooting out corruption in all institutions, building a political culture that is respectful of the checks and balances between arms of the state, and securing the integrity of the judiciary, are vital to Sri Lanka’s progress – be it economic recovery, strengthening democracy and protecting the interests of the sovereign people of Sri Lanka for the present and the future of this country.
On behalf of the Lawyers’ Collective
Upul Jayasuriya, President’s Counsel
Dr. Jayampathy Wickramaratne, President’s Counsel
Professor Savitri Goonesekere, Attorney-at-Law
Geoffrey Alagaratnam, President’s Counsel
M.A. Sumanthiran, President’s Counsel
Dinal Phillips, President’s Counsel
S.T. Jayanaga, President’s Counsel
M.M. Zuhair, President’s Counsel
Lal Wijenayake, Attorney-at-Law
Professor Deepika Udagama
Upul Kumarapperuma, Attorney-at-Law
K.W. Janaranjana, Attorney-at-Law
Harshana Nanayakkara, Attorney-at-Law
Akalanka Ukwatta, Attorney-at-Law
Ermiza Tegal, Attorney-at-Law
Manoj Nanayakkara, Attorney-at-Law
Amila Egodamahawatta, Attorney-at-Law
Opinion
U.S. foreign policy double standards and Iran’s Iron theocracy
The world’s most theatrical stage
Welcome to the Grand Circus
If global geopolitics were a TV show, it would be cancelled after the first season for being too unbelievable. Consider the plot: the world’s largest arms exporter lectures others about peace; a government that executed over 500 people in a single year tells its citizens it governs by divine law; and international bodies created to enforce rules seem to apply those rules with remarkable … flexibility. Welcome to the real world of international relations, where the rules are made up and the principles don’t matter.
This analysis examines two of the most consequential actors shaping global instability today: the United States of America, a democracy that can’t quite decide whether it believes in democracy, and the Islamic Republic of Iran, a theocracy that has perfected the art of punishing its own people for simply existing.
Episode I: The United States, ‘Do as I Say, Not as I Do’
The Democracy Export Business
The United States has, for decades, positioned itself as the global guardian of democracy, freedom, and human rights. It is a noble brand. The marketing budget alone, in the form of military expenditure at $886 billion in 2023, is staggering. And yet, the product being sold and the product being delivered have often been … different things.
The CIA-backed coup of 1953, codenamed Operation Ajax, removed Iran’s democratically elected Prime Minister Mohammad Mosaddegh and reinstated the autocratic Shah Mohammad Reza Pahlavi, primarily to protect Anglo-American oil interests.
Nuclear Exceptionalism: The World’s Worst-Kept Secret
The United States currently holds approximately 5,044–5,177 nuclear warheads (depending on the source and year), while Russia being the largest with a stockpile estimated at approximately 5,580 warheads. yet it leads international campaigns demanding that other nations not develop nuclear weapons. This is a bit like the world’s most heavily armed person standing at the door of a gun shop, telling customers they cannot purchase firearms.
Furthermore, Israel is widely believed to possess 80–90 nuclear warheads. The United States has never imposed sanctions on Israel for this. India and Pakistan, both outside the NPT, were rewarded with nuclear cooperation deals after the tested nuclear weapons.
The Saudi Arabia Paradox
Perhaps, no relationship illustrates U.S. foreign policy hypocrisy more vividly than Washington’s alliance with Saudi Arabia. The Kingdom is an absolute monarchy with no elections, no free press, where women were legally barred from driving until 2018, and where the murder of journalist Jamal Khashoggi, carried out, according to U.S. intelligence, on orders from Crown Prince Mohammed bin Salman, resulted in … arms sales continuing and diplomatic ties intact.
The United States sold Saudi Arabia over $37 billion in arms between 2015 and 2020, weapons used in a Yemen war that the United Nations described as one of the world’s worst humanitarian catastrophes. Yet the U.S. simultaneously held press conferences about human rights. The cognitive dissonance is not a bug. It is the feature.
Iraq: The Weapons of Mass Distraction
In 2003, the United States invaded Iraq on the basis of alleged weapons of mass destruction (WMD) that did not exist. The invasion resulted in an estimated 150,000–1,000,000 Iraqi civilian deaths depending on methodology, the displacement of millions, the destabilization of an entire region, and the rise of the Islamic State, none of which appeared in the original brochure. The officials responsible for this foreign policy catastrophe faced no international tribunal. No sanctions were imposed on the United States. Several architects of the war are today respected media commentators.
Meanwhile, the International Criminal Court (ICC), an institution the United States has never ratified, is expected to hold others to account for far lesser offenses. As of 2024, the U.S. has actively sanctioned ICC officials who attempted to investigate American personnel for potential war crimes in Afghanistan.
Episode II: Iran, The People’s Nightmare
Iran’s political system is built on the concept of Velayat-e Faqih, the Guardianship of the Islamic Jurist, a political-theological doctrine holding that a senior Islamic cleric should govern society. In practice, this means that Supreme Leader Ali Khamenei, unelected by the general public, holds veto power over all branches of government, controls the military, the judiciary, state media, and the powerful Islamic Revolutionary Guard Corps (IRGC).
The elected president, whether ‘moderate’ or ‘hardliner’, operates within a system where real power resides with the Supreme Leader and an unelected Guardian Council that vets all candidates and can disqualify anyone it deems insufficiently Islamic. In the 2021 presidential election, the Guardian Council disqualified over 590 candidates out of 592 who applied. The word ‘election’ is being used loosely here.
Women’s Rights: A Systematic Dismantling
Since the 1979 Islamic Revolution, Iranian women have endured one of the most comprehensive rollbacks of rights in modern history. Within weeks of the revolution, mandatory hijab laws were imposed, women were barred from serving as judges, and the minimum marriage age for girls was reduced to 9 years (later revised to 13 in 1982). This was not incidental policy; it was ideological architecture.
Today, Iranian women face legal discrimination across virtually every domain. Under the Iranian Civil Code, a woman’s testimony in court counts as half that of a man’s. Women cannot travel abroad without the written permission of their husband or male guardian. Married women cannot work without spousal consent in many circumstances. The diyeh (blood money) for a woman’s life is legally valued at half that of a man.
In September 2022, 22-year-old Mahsa (Zhina) Amini died in the custody of Iran’s Morality Police, after being arrested for allegedly wearing her hijab improperly. Her death triggered the Woman, Life, Freedom uprising, one of the largest protest movements in Iranian history. The government’s response was to kill over 500 protesters, arrest more than 19,000, and execute at least four people in connection with the protests by early 2023.
The IRGC and State-Sponsored Repression
The Islamic Revolutionary Guard Corps is a military-economic-political entity unlike any other in the region. It controls an estimated 20–40% of Iran’s economy through businesses, construction contracts, and import monopolies. It commands proxy militias across Iraq, Syria, Lebanon, and Yemen. And it suppresses domestic dissent with a ruthlessness that has drawn consistent condemnation from United Nations human rights bodies.
Amnesty International’s 2022-2023 annual report documented the IRGC and security forces using live ammunition, birdshot, and metal pellets against protesters, deliberately targeting eyes, resulting in hundreds being blinded. The UN Special Rapporteur on Iran documented ‘serious, widespread and systematic human rights violations’ constituting potential crimes against humanity.
Episode III: Where the Two Hypocrisies Meet
The relationship between the United States and Iran is, in many ways, a story of two entities who deserve each other in the sense that the behavUior of each government has fed the domestic narrative of the other for decades.
Washington uses Iran as justification for its military presence in the Gulf, its arms sales to autocratic Gulf states, and its general posture as indispensable regional hegemon. Tehran uses American hostility and sanctions as justification for economic failure, political repression, and nuclear advancement. Both governments’ hard-liners need each other to remain in power.
The Iranian people, 85 million of them, majority under 35, highly educated, and overwhelmingly wanting engagement with the world, are trapped between a government that treats them as subjects and an international sanctions regime that punishes them for their government’s choices. The American people, meanwhile, continue paying for a foreign policy architecture that serves arms manufacturers, defense contractors, and geopolitical abstractions more than it serves democratic values or human security.
Some Uncomfortable Truths
The United States is not the villain of every story, nor is Iran irredeemably authoritarian in the hearts of its people. What is consistent, and what this analysis has documented, is that both governments operate by standards they refuse to apply to themselves.
Tehran’s theocratic governance has failed its population economically, politically, and most visibly in its treatment of women and dissidents. The Woman, Life, Freedom movement showed the world what Iranian society wants. The government’s violent response showed the world what the Islamic Republic fears.
The lesson, uncomfortable as it is, is that powerful states, whether wielding aircraft carriers or theology, tend to exempt themselves from the rules they want others to follow. The only antidote is an informed public that refuses to accept these double standards as the natural order of things. Read critically. Follow the money. And remember: when a government tells you it acts in the name of God or democracy.
(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)
Opinion
SLC Grants to clubs and associations under scrutiny
The scale and manner of grant distributions underscore the urgent need to rectify the weaknesses identified by the Auditor General. Remarkably, the accounts for the years 2024 and 2025 are still not published and only the 2023 accounts are available for public scrutiny.
Grants to clubs and associations increased from LKR 1.30 billion in the prior year to LKR 2.46 billion in 2023, representing an escalation of over LKR 1.15 billion year-on-year. These grants were distributed among 36 recipient clubs and associations, with individual allocations ranging from approximately LKR 1.5 million to almost LKR 300 million. Such wide variation and substantial growth warrant clear public disclosure of the allocation framework, the approval processes, and the beneficiary criteria.
While it is understandable that higher profitability enables greater financial support to clubs, the absence of a transparent, rule-based grant policy gives rise to governance concerns, and unless properly explained, leaves room for malicious or unfounded allegations that grant allocations may be used to influence voting behaviour or entrench existing officials. Robust disclosure and effective oversight are therefore essential to safeguard institutional credibility. The precise immediate need for high funding and their monitoring processes need to be divulged.
A case in point is Colombo Cricket Club (CCC), which received LKR 279,531,827 in 2023, making it the highest individual club recipient. As disclosed under the related-party notes to the financial statements, the President of Sri Lanka Cricket is also the President of Colombo Cricket Club, resulting in this transaction being classified as a related-party transaction.
In contrast to several grant recipient entities reporting profits, Sri Lanka Cricket recorded a deficit of approximately Rs. 2 billion in its Statement of Financial Performance for 2023.
It is also noteworthy from the cash flow statement that cash and fund balances declined sharply, from approximately LKR 10.8 billion in the previous year to around LKR 5.6 billion in 2023, representing a significant depletion of liquid resources within a single financial year.
A more meaningful and complete evaluation of these developments—particularly the position of funds available as at 31 December 2024 and 31 December 2025—will only be possible once the financial statements for 2024 and 2025 are released and subjected to public scrutiny.
A cricket enthusiast – Moratuwa
Opinion
Microfinance and Credit Regulatory Authority Act 2026 fails all affacted communities
The Microfinance and Credit Regulatory Authority Bill was passed into law by the Parliament of Sri Lanka on 4 March. According to Deputy Minister of Finance and Planning Dr. Anil Jayantha, the main object of the Act is to establish an Authority to “license and supervise the under-regulated microfinance and moneylending sector, aiming to protect borrowers from exploitation and ensure financial stability”.
However, the Yukthi Collective is saddened and disappointed that a government which pledged to take “measures to alleviate the burden of predatory microfinance loans with high interest rates on women” (NPP Manifesto, 2024: Page no. 44), will now add to their unbearable weight.
The new Act, as virtually all legislation enacted by Anura Kumara Dissanayake’s government, is a legacy of the anti-working class Ranil Wickremesinghe regime. It evades the root causes of the microfinance trap, and ignores debt justice for women borrowers.
It fails in understanding the connections between household debt and public debt. The vicious cycle of national debt is sustained by lack of growth in economic activity because of poor access to affordable credit.
It fails to make equal representation of women mandatory in the new Authority. If representatives of women borrowers and their self-run organisations are not present in the regulatory body, how will its members know of their lived experiences and make decisions that value women’s unpaid and paid contributions to sustaining life?
System Change
Millions of indebted households voted for the NPP with hope and expectation of ‘system change’. But instead of honouring its manifesto promise to them, the government has let them down in the law-making process; as well as the focus and substance of the new Act.
It is appalling that NPP parliamentarians, including some of its women members, appear not to have read and understood the bill they enacted into law, nor spoke to the rural credit community providers in their electorates for their views.
Predatory lending exists in the formal and informal sectors. Within this ecosystem, the Act fails to understand, identify, and prohibit predatory lending and recovery practices. It is a cover for the Central Bank’s failure to properly regulate ‘Licensed Finance Companies’ in the interests of citizens.
The biggest offenders are the big finance companies, in which some parliamentarians are deposit-holders. Therefore, some lawmakers benefit from excess profitmaking through exploitative practices, at the expense of poor mostly rural women.
Where law reform should discipline the bullies and thugs in credit delivery, it will instead wipe out, through over-regulation, community-based and managed lenders such as death donation societies, farmer associations, and urban and rural women’s collectives, which have been a lifeline for vulnerable working-class women and a defence from harmful recovery practices.
Structural Adjustment Programmes
The motivation for this new law are the market- and capital- friendly structural reforms insisted by International Financial Institutions; not the concerns and needs of those at the mercy of predatory lenders.
From the Microfinance Act 2016, to the 2023 version of the Ranil Wickremesinghe regime, the Asian Development Bank (ADB) through its loans has been a promoter of these regressive reforms.
The 2026 Act, with some changes suggested by the Supreme Court in 2024 and hardly any of the changes demanded by affected communities, has been moved forward by the NPP government in line with ADB loan conditionalities.
The path of de-regulation for banking, finance, trade, and investment; and over-regulation of poor people’s savings and credit institutions, smacks of the bias to big capital, which the NPP in opposition once criticised.
Reforms needed
The financial and banking reforms we want to see are to make credit from state banks and public funds accessible and affordable to women producers in agriculture and micro and small business operators; with decent wages and social protection for workers; that improve household opportunity for a dignified livelihood and decent lives.
Yukthi is a forum supporting working people’s movements and people’s struggles for democracy and justice in Sri Lanka.
by Yukthi Collective
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