Political pressure on Sri Lanka’s justice system has sparked alarm, as senior leaders warn that targeting the Attorney General threatens judicial independence and the rule of law.
The plan to remove the Attorney General has now come into the open, according to the leader of the Pivithuru Hela Urumaya, Udaya Gammanpila. He made these remarks while addressing a media conference organized by the Mahajana Hada National Movement in Colombo today.
Gammanpila referred to recent media reports stating that a group linked to the Malima government had organized a protest in front of the Attorney General’s Department, openly criticizing decisions taken by the Attorney General. He questioned the very legitimacy of such an action, asking who the Attorney General is within Sri Lanka’s constitutional framework.
He emphasized that the Attorney General is not part of the executive branch and is therefore not an official subject to street protests. The Attorney General, he said, performs a semi judicial role and holds a position second only to the Chief Justice within the justice system. In terms of seniority, even Supreme Court judges are placed below the Attorney General.
Explaining the authority of the office, Gammanpila noted that the Attorney General has the power to institute cases in the High Court even if a magistrate decides against proceeding with a short trial. The Attorney General also determines whether charges should be filed, against whom, and under which legal provisions. These decisions are made strictly according to the law. In such a context, attempting to influence the Attorney General amounts to interfering with the administration of justice itself.
He acknowledged that mistakes can occur, but pointed out that the legal system already provides remedies. If the Attorney General’s decisions are believed to be incorrect, affected parties can seek a writ of certiorari from the Court of Appeal or file a fundamental rights application in the Supreme Court. Historically, he said, every head of state has respected the independence of the Attorney General’s office.
No previous ruler, not even those accused of authoritarian tendencies, attempted to subordinate the Attorney General or organize protests demanding his removal. Gammanpila said the current protest must be condemned and described his party’s position as standing firmly with the Attorney General to protect an independent justice system.
He added that during discussions with the Mahanayake Theros, religious leaders stressed the importance of all parties raising their voices together on nationally important issues. He said both the opposition and the government have a responsibility to act collectively in safeguarding judicial independence.
