BASL hits out: Govt. interfering with doctrine of separation of power

The Bar Association of Sri Lanka (BASL) yesterday hit out at moves by the government to interfere with the Doctrine of Separation of Powers over the motion placed on the order book of Parliament to have pending cases before courts against many of its members dropped by implementing certain decisions of the Presidential Commission of Inquiry (PCOI) on Political Victimisation.

In a statement issued last evening, BASL Secretary Rajeev Amarasuriya says the motion, if passed, will be

an affront to the Rule of Law, the independence of the Judiciary and would set a “very bad and unhealthy precedent with regard to due process”.

The statement expresses serious concerns over the PCOI report's contents which have not been made public, saying it will also erode the impartial and efficient functioning of the Attorney General’s Department.

The motion was placed on the Order Book of Parliament on April 9 to implement certain decisions made by the Cabinet of Ministers on February 15 this year based on the report of the PCOI that inquired into alleged political victimisations between January 8, 2015 and November 16, 2019.

This motion has been placed before Parliament whilst certain proceedings challenging the said PCOI Report are pending before the Superior Courts.

The BASL statement states: "The legal principles governing withdrawal of an indictment are well established in terms of the Code of Criminal Procedure and the jurisprudence of the Superior Courts and must be done by the AG or the Bribery Commission, upon consideration of relevant facts and with permission of the relevant Court and that there should be no departure from this legal position and practice."