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‘Corruption has many faces, bribery only one of them – AG
The courts had quite justly come to be regarded as the sentinel over the powers of the legislature and the executive in Sri Lanka in order to safeguard the rights of the citizen under the law and the Constitution, Attorney General Dappula de Livera, PC has said on March 23 at the ceremonial sitting of the Court of Appeal
“The credibility of a judicial system in a country is dependent on the Judges who man it. Judges must be persons of impeccable integrity and unimpeachable independence. A Judge must discharge his judicial functions with high integrity, impartially and intellectual honesty. Speaking of Intellectual honesty; I have said this earlier that the law would be like a ball of clay in the hands of an erudite Judge. Therefore, Judges should be ruthlessly honest, independent, and impartial and possess a judicial conscience to ensure that the ball of clay is moulded according to law”, the AG declared, adding: “It is said that public institutions should command public confidence – so is the Judiciary of a country.”
The ceremonial sitting was held to welcome, His Lordship Justice Arjuna Obeysekere as the President of the Court of Appeal, Her Ladyship Justice Menaka Wijesundera, their Lordships Justice Nihal Samarakoon, Justice Prasantha de Silva, Justice Mohamed Laffar, Justice Pradeep Kirtisinghe, Justice Sampath Abayakoon and Justice Sampath Wijeratne as Judges of the Court of Appeal.
The AG said: “The backlog of cases in this Court is alarming. It has to be addressed urgently and quickly, methodically and efficiently and to deliver speedy justice and prevent Laws delays without compromising the quality of justice thereby, winning the confidence of the people.
This issue has to be addressed by Lordship’s Court holistically. The Bench and the Bar have to get together to solve this problem. The increase in the number of Judges to the Superior Courts by the 20th Amendment to the Constitution and thereby the appointment of Your Lordships and Ladyship is no doubt seen as a very positive step in this regard.
For over 2000 years of the Island’s long history, the Courts of Law have occupied a unique place in the system of government. Public acceptance of the judiciary and public confidence in the judiciary is necessary for the rule of law to prevail in the country. Public confidence in the judiciary is dependent on the independence and integrity of the judiciary.
Public confidence in the judiciary cannot be built unless Judges display a high level of integrity, impartiality and independence in their judgments, pronouncements and orders and through their conduct.
The Honourable Diego Garcia-Sayán who acts as the United Nations Special Rapporteur on the Independence of Judges and Lawyers who was a judge of the Inter-American Court of Human Rights and was elected Vice-President of the Court from 2008 to 2009 and President of the Court for two consecutive terms and who previously served as Peru’s Minister of Justice and Minister of Foreign Affairs, recently shared his views on judicial corruption and judicial independence with UNODC as part of the Organization’s on-going work on promoting judicial integrity.
He opined “that by seeking impunity, corruption has a devastating effect on the judicial system as a whole. One of the goals of human rights is to fight corruption and its implications on the administration of justice, as is to act against corruption through an independent and strong administration of justice”. For this, the United Nations Convention against Corruption is a fundamental instrument for the protection of human rights.
“Corruption has many faces, bribery being only one of them, another being political corruption, much more unattainable and imprecise. Its broad range of action enables it not only to influence the Judicial system but all sectors of State Administration as well”.
Corruption undermines the core of the administration of justice, generating a substantial obstacle to the right to an impartial trial, and severely undermining the population’s trust in the judiciary.
Article 11 of the United Nations Convention against Corruption – a fundamental international treaty – emphasizes the decisive role of the judicial branch in the fight against corruption, and establishes that in order to carry out this role effectively, the judicial branch itself must be free of corruption, and that its members must act with integrity. Substantive guidelines on matters of internal organization, which are fundamental to prevent and confront corruption, have been included in the Convention.
In 2016, the United Nations Office on Drugs and Crime launched a global programme to promote a culture of lawfulness. It includes the creation of a Global Judicial Integrity Network to share best practices and lessons learned on the fundamental challenges and new questions relating to judicial integrity and the prevention of corruption.
The sovereignty is in the people and is alienable and that sovereignty of the people is exercised by the judiciary in the public trust. The independence and the integrity of the judiciary ought to be preserved for justice and the rule of law to prevail in a society. A judiciary should not only be independent but appear to be independent in order to gain the confidence of the people.
An independent judiciary is the corner of stone of the prevalence of the rule of law in a democratic society.
Judicial independence requires not just independence in the constitutional sense, that is, the separation of powers between the three branches of government (executive, legislature and judiciary), but also the personal independence of judges so that they are free to decide cases based on the application of the rule of law. The essence of rule of law has been said to be that the Administration is bound by the law and that in it cannot interfere with the rights of the individual except in accordance with the law.
The International Congress of Jurists meeting in New Delhi in January 1959 concluded “that an independent judiciary is an indispensable requisite for a free society and for the Rule of Law to prevail in a society.
The independence and impartially of the judiciary is essential for a democratic system of government to function under the Rule of Law.
The maintenance of the independence of Judges and of the quality of the administration of justice would largely depend on the Judges themselves and the state of public opinion of the country, which demands their independence and impartially.
Within the limits of their power and jurisdiction the courts are required to perform a dynamic role, as the fearless upholders of the principle of equal justice under the rule of law.
The Courts must necessarily occupy a high position of power, privilege and independence in the life of a nation.
The Judges in the exercise of judicial functions should be immune from outside control and influence and intimidation.
That independence is also necessary from the other branches of government and from private and partisan interest. Judges cannot use the judicial platform to satisfy 3rd party and personal interest and have agendas and should at all times avoid possible conflicts of interest.
United States Supreme Court nominee Samuel Alito said on his elevation in 2006;
“Good Judges don’t have agendas. They don’t look for partisan outcomes and always do what the law requires and demands. A Judge cannot have any agendas and a Judge cannot have a preferred outcome in a particular case”.
Judges should be above suspicion and should not leave even a glimpse for that suspicion to occur.
The people will be judging you while you judge them. Therefore, that accountability and transparency ought to be seen and perceived from the judgments, pronouncements and orders that are delivered by the Courts.
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Sri Lankan singer Mariazelle Goonetilleke passes away at the age of 68
It has been reported quoting family sources that veteran singer Mariazelle Goonetilleke has passed away this morning (10) at the age of 68
She had been receiving treatment at the Kalubowila Teaching Hospital.
News
Sallay’s wife further complains to HRC over continuing violation of husband’s FRs by CID
The wife of retired Major General Suresh Sallay has lodged a further complaint with the Human Rights Commission of Sri Lanka (HRCSL), alleging that her husband’s fundamental rights continue to be violated as Criminal Investigation Department (CID) officers prevent him from having confidential consultations with his lawyer while he is under detention at the National Hospital.
In a letter addressed to the HRCSL Chairman on Thursday, Mrs. S.B.M.S.B. Sallay has said the latest complaint was filed in relation to an earlier complaint concerning the detention and treatment of her husband.
Full text of the letter: I, Mrs. S.B.M.S.B. Sallay, respectfully write to lodge this further complaint in relation to my earlier complaint bearing reference H RC-HO-1 103-26, concerning the detention and treatment of my husband, Retired Major General Suresh Sallay.
I wish to bring to the attention of the Commission a further serious violation of his fundamental rights that occurred on 08 July 2026 during a consultation between my husband and his Attorney-at-Law, Mr. Asith Siriwardena, while my husband remains under detention and is receiving treatment at the National Hospital.
I am informed by his Counsel that he is presently permitted to consult with my husband only once a week for a period of approximately twenty minutes. During the consultation held on 08 July 2026, officers of the Criminal Investigation Department (CID) stationed at the Cardiac Coronary Care Unit of the National Hospital informed Counsel that they had received instructions from higher authorities that my husband should not be permitted to meet with his
legal counsel in private. Consequently, the officers remained present throughout the consultation and refused to permit a confidential lawyer-client meeting.
This conduct constitutes a grave infringement of my husband’s fundamental right to communicate privately and confidentially with his legal counsel. Confidential communication between an accused or detainee and his lawyer is an indispensable safeguard of the right to legal representation, the right to prepare his defence, and the right to a fair trial. The denial of confidential legal consultations undermines these fundamental protections guaranteed under the Constitution of the Democratic Socialist Republic of Sri Lanka and the applicable provisions governing persons detained under the Prevention of Terrorism Act.
The confidentiality of communications between a lawyer and client is also a well-recognized principle under international human rights law and forms an essential safeguard against arbitrary detention, coercion, and unfair legal proceedings.
In view of the foregoing, I respectfully request the Human Rights Commission of Sri Lanka to urgently intervene and take all necessary steps within its statutory mandate to:
1. Ensure that my husband is afforded immediate and unrestricted confidential access to his legal counsel without the presence or supervision of law enforcement officers;
2. Inquire into the instructions allegedly issued by higher authorities requiring CID officers to remain present during lawyer-client consultations;
3. Direct the relevant authorities to cease any practice that interferes with confidential legal consultations; and
4. Take such further action as the Commission considers appropriate to safeguard my husband’s constitutional and human rights.
This complaint is made as a further complaint to Complaint No. H RC-HO-1103-26, and I respectfully request that it be placed on the same file and considered together with my previous complaints.
I respectfully seek the Commission’s urgent intervention in this matter.
News
SC upholds Commercial HC ruling that Weerawansa violated intellectual property rights of JVP
The Supreme Court yesterday (9) upheld a Colombo Commercial High Court order directing former Minister Wimal Weerawansa to pay Rs. 1 million in damages to Janatha Vimukthi Peramuna (JVP) General Secretary Tilvin Silva for violating intellectual property rights.
A three-member Supreme Court bench dismissed in its entirety an appeal filed by Weerawansa challenging the earlier Commercial High Court ruling.
The case was instituted by Silva, who alleged that Weerawansa had violated provisions of the Intellectual Property Act by publishing his book “Neththa Wenuwata Aththa” (“Truth Instead of Lies”), which contained the JVP’s political ideology and official party documents without authorisation.
The Supreme Court also affirmed the order restraining the publication and distribution of the book in its existing form. However, the court ruled that the book could be republished if the 60-page section identified as infringing intellectual property rights was removed.
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