Unprecedented clash between the legislature and the judiciary

[November 7, 2003 - 7.00 GMT]

In an unprecedented turn of events the judiciary island wide came to standstill on the 5^th of November. This is the first such incident in Sri Lanka’s legal history. Around 200 judges and some 3000-court staff around the country stayed away from their courthouses. In a rare show of unity seven Trade Unions joined the labour action. A senior lawyer said this perhaps was the first such instance anywhere in the civilised world.

The judiciary’s protest was against the legislature. The governing UNF parliamentarians were in the process of bringing in a motion of impeachment against Chief Justice Sarath N. Silva. This was the third such attempt by the legislature in as many years. The entire court staff alleged this was an attempt at direct interference with the independence of the judiciary.

The Government’s decision to impeach the Chief Justice came in the wake of the Supreme Court’s determination on the Presidential query, regarding the plenary powers relating to the Defence of Sri Lanka.

The President’s lawyers had filed an application inquiring if the powers vested in the Minister of Defence allow him to override the control and authority of the Executive and if the amendments to the Army Pensions and Gratuities Code effected by the said Minister infringe upon the powers of the Executive.

The UNF it is alleged took its decision to impeach the Chief Justice anticipating that the determination would go against the government.

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Last Updated Date: November 7, 2003  -7.00 GMT.