… refers to a certain CJ Sarath Nanda’s ruling

By Saman Indrajith

Chief Opposition Whip Kandy District MP Lakshman Kiriella told Parliament yesterday that MP Ranjan Ramanayake had not criticised all members of the judiciary when he stated that some judges were corrupt.

“Everybody has the right to criticise a judgment in or outside Parliament. I remember when the Supreme Court decided to sentence S. B. Dissanayake to jail, spoke about that judgment in TV talk shows. One could criticise a judgment but can never say that judges are taking bribes. Ranjan Ramanayake’s sentence is a severe punishment and not proportionate to the offence he is said to have committed. For example, three months ago a judge in India levelled accusations against that country’s Chief Justice and said that the latter was corrupt. What was the punishment imposed on the former? He was fined one rupee. He declined to pay that rupee. Now, the matter has been postponed.

“The issues of contempt of court and freedom of speech are two aspects and there has to be a balance. There was a time when severe punishments were meted out for contempt of court. But the situation has changed. This reality should be borne in mind.

“If the court makes a mistake in giving its rulings, then the President has the power to rectify it. It is on that ground, the then President Maithripala Sirisena granted pardon to Ven. Gananasara Thera. Former President Sirisena understood that the punishment given to Gnanasara Thera was severe and not proportional to the offence he was said to have committed. That could happen because judges are human and all humans make mistakes. Likewise, the punishment handed down to Ramanayake is harsh. What was the offence he committed? He said that some judges were corrupt. Now, the former President Sirisena is sitting in front of us in this very same chamber and he could testify to the fact that former Chief Justice Mohan Peiris coming to meet him and asking for service extension promising that he would deliver judgments to the liking of the President. It is such judges that Ramanayake meant when he talked about corrupt judges, not all the members of the judiciary. Didn’t Sarath N. Silva say in public that he had released a man who had committed an offence? When Ramanayake talked about corruption in the judiciary he had in his mind those instances. We must respect the judiciary but once in a while we may find that there are some elements of corruption and judges unbecoming of their character. Such mistakes and wrongdoings could be criticised both in and outside parliament.”