RIFKA ZIYARD
COLOMBO: “ The Bar should not hesitate to let its views be known whenever the Rule of Law or the independence of the judiciary is imperiled,” said of Law or the administration of justice is affected Saliya Peiris PC who was inducted as the 26th President of the Bar Association of Sri Lanka (BASL) said on Saturday,March 27.
The new president was inducted by Dappula De Livera, PC and Attorney General during the Convocation held at the BMICH on Saturday.
Peiris further said : “. In fact, the objectives of the BASL require the intervention of the Bar in situations of national importance whenever the Rule of Law and the administration of justice is affected.”
The following is an extract of the address by Saliya Peris PC as the President of the BASL.
“I would do everything within my capacity to honor the confidence and trust that you have placed in me. I am also aware that I am bound to serve all members of the Bar and I am conscious that I have drawn support from a wide cross section of the Bar. I believe in a Bar that is united. And I believe we must look to the factors that unite us rather than those factors that tend to divide and separate us. A united and strong Bar is essential for the strength of the Association.
I am conscious of the role the President of the Bar is required to play the Bar must continue to honor its objectives of maintaining the honor and independence of the Bar and the honor and independence of the judiciary while maintaining its independence it is also necessary for the Bar to be non-partisan and take its decisions based on policies and principles.
I am committed to the objectives of the Bar Association. Amongst which are upholding the Rule of Law, safeguarding the independence of the judiciary, and fostering the fundamental rights of the people of Sri Lanka, the promotion, observance and protection of human rights and liberties including right of access to courts are an essential component of the Rule of Law and are among the objectives of the bar association.
It is in this spirit, for that for many years a legal aid foundation of the BASL handled cases of detainees in order to secure their rights. In my view the BASL must play a positive role in respect of the fundamental rights of the people including the rights which are of public importance such as the freedom of expression which is the foundation of many other rights as well and environmental rights. In its 1968 publication titled the ‘Rule of Law and Human Rights’ the international Commission of jurists observed that in a free society practicing the Rule of Law, it is essential that the absolute independence of the judiciary must be guaranteed. The members of the legal profession in any country have over and above their ordinary duties as citizens a special duty to seek ways and means of securing in their own country the maximum degree of independence to the judiciary.
The Bar will continue to be committed to ensuring to a maximum degree the independence of the judiciary and to seek ways and means by which the independence of the judiciary can not only be safeguarded but also be enhanced.
In this context, the BASL needs to continue to examine and make representations to the state on how the best the independence of the Judiciary should be safeguarded. The principal position taken by the Bar Council during the passage of the 20th amendment Bill is noteworthy. The manner of judicial appointments, the need to secure checks and balances in the powers of appointment of the judiciary , the need for a greater openness and transparency in judicial appointments, the need for a proper process for removal of Judges in terms of the Latimer house principles, the need to strengthen the independence and integrity of the institutions in Sri Lanka including the commissions such as the bribery Commission and the Human Rights Commission, the powers of Commission of inquiry in respect of ongoing cases are all matters which must be carefully scrutinized by the Bar keeping in mind it’s primary objectives. Whilst the Bar seeks to safeguard the independence of the Judiciary it is equally important the Rule of Law and the Rights and Privileges of the Bar be secured. The support of the Judiciary at all levels in securing Rights and Privileges of lawyers is essential”.
