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BLA accuses BASL of partisanship

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The Buddhist Lawyers Association (BLA) alleges that the Bar Association of Sri Lanka (BASL) is upholding judicial independence, selectively.

In a statement titled ‘Re-UNDATED BASL Statement on Independence of the Judiciary’, BLA President Uditha Egalahewa PC has said that the “BASL should be mindful of its role as a neutral and objective entity that contributes to the administration of justice. Aligning themselves with partisan views and taking a confrontational stance, selectively, undermines the credibility of the association and its ability to effectively advocate for justice.”

Full text of the statement: The Buddhist Lawyers Association of Sri Lanka whilst agreeing with the sentiments expressed by the Bar Association of Sri Lanka (BASL) to uphold the rule of law and to safeguard the independence of the judiciary, strongly condemns the partisan, and selective approach displayed by the BASL in issuing statements.

First and foremost, it is essential to remind the BASL that it serves as the voice of the legal profession, and thus it has a responsibility to promote unity and fairness within the administration of justice. However, the said statement seems to align itself with sectarian views rather than focusing on the principles of justice and the rule of law.

We note with disgust that the BASL was prompt in issuing a statement with regard to a speech made by Parliamentarian Dr. Sarath Weerasekera, that calling it a brazen attack on the judiciary, when he was expressing his views of denial of Freedom of Religion at the several Bhikkhus of the Kurunde Vihare.

It is also surprising that the BASL was completely silent and did not think it fit to issue a similar statement condemning the blistering attack on the judiciary by Parliamentarian Mathiaparanan Abraham Sumanthiran, who also happens to be a member of the BASL. During the debate on the 22nd Amendment to the Constitution Bill in the Parliament, Parliamentarian Sumanthiran had stated:

“It’s not only the parliament that swings like a pendulum,” “it is (also) the Supreme Court, so change that Supreme Court also. Ask them to go home.” “If they can’t read and understand their own determination in the 19th Amendment, with the very same words, within a few years, they said no, this requires a referendum. How can that be? They’re supposed to be learned?”

This is a scathing attack by Parliamentarian Sumanthiran on the apex court, and the supreme court judges of this country. However, quite shockingly the BASL remained silent. In fact, the BASL should have, in the first instance, proceeded to condemn the action of its own member for making such a derogatory attack on the judiciary. For reasons only known to the BASL, the BASL did not think it fit to do so.

It is with profound disappointment that we observe the selective nature of the BASL’s stance, wherein it appears to be inconsistent in its application of its principles.

It is going to be a century now since Lord Chief Justice Hewart made his celebrated judicial pronouncement “Justice should not only be done but should manifestly and undoubtedly be seen to be done”. This has become the golden rule of Impartiality. The conduct of the BASL does not seem to be Impartial. The juxtaposition of the aforesaid two incidents manifestly exposes the biased and partisan approach of the BASL in condemning and issuing statements.

Being the premier body representing the Attorneys-at-Law of this country, must not only act impartially, but also must be seen to act impartially. Hence, we are of the view that the BASL should, in issuing statements, act impartially without being subservient to extraneous political pressures exerted with ulterior motives for collateral purposes. It is our sincere hope that the BASL, as a pivotal institution committed to the sanctity of the legal profession, will earnestly reevaluate its approach and ensure a fair and impartial treatment of all matters concerning the rule of law and the independence of the judiciary.

The BASL should be mindful of its role as a neutral and objective entity that contributes to the administration of justice. Aligning themselves with partisan views and taking a confrontational stance selectively undermines the credibility of the association and its ability to effectively advocate for justice.

May our shared pursuit of justice guide us towards a harmonious society founded upon the noble principles of equity and integrity.”



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Cabinet approves redrafting of State Assets Management Act

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Approval has been granted at the Cabinet meeting held on 22.07.2024 to publish the draft bill of State Assets Management Act in the government gazette notification and thereby present it to the Parliament for its concurrence.

However, the draft bill couldn’t be passed in Parliament as a result of the Parliament being dissolved in the month of October 2024.

Thereafter, the draft bill was subject to further inspection by a
committee appointed which comprised of officials and authorities on the subject.

The said Committee has recognized the amendments to be made and a fundamental draft has been prepared including the proposed amendments.

Accordingly, the Cabinet of Ministers approved the resolution furnished by the President in his capacity as the Minister of Finance, Planning and Economic Development to suspend further activities regarding the draft bill of State Assets Management Act published in the extraordinary gazette of 02.08.2024, and to direct the Legal Draftsman to prepare a draft bill based on the fundamental draft prepared by the subject specialists’ committee.

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Cooperative Employees Commission Act No. 12 of 1972 to be amended

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Considering the compliance of the Cooperative Societies’ operations with the concurrent socio – economic circumstances as well as the changes in the common law, the requirement of amending the Cooperative Employees Commission Act No. 12 of 1972 has been recognized.

A fundamental draft including proposed amendments based on the experience gained by that Commission as well as the opinions and proposals of Cooperative societies, their director board members, cooperative employees and other interested parties has been prepared.

Accordingly, the Cabinet of Ministers granted approval to the resolution furnished by the Minister of Trade, Commerce, Food Security and Cooperative development to provide instructions to the Legal draftsman to prepare a draft bill to amend the Cooperative Employees Commission Act No. 12 0f 1972, based on the said fundamental draft.

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Dilki Wathsala Marambage appointed as Director General of the Department of Technical Education and Training

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The Cabinet of Ministers granted approval to the proposal forwarded by the Prime Minister in her capacity as the Minister of Education, Higher Education and Vocational Education to appoint Mrs. Dilki Wathsala Marambage to the post of Director General of the Department of Technical Education and Training.

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