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Tuesday, 24 July 2012

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Welcome assurances on judiciary

President Mahinda Rajapaksa’s assurances that the independence of the judiciary of this country would be respected and upheld are likely to be welcomed by all right thinking sections. This comes in the wake of the recent mob attack on the Mannar courts complex wherein a prominent politician had allegedly figured. Those supportive of judicial independence and, by implication, democratic freedoms, would have found the President’s pronouncement to the effect that he would not permit the ‘law to be mocked at’, particularly heartening.

Indeed, these assurances are a far cry from those times in the early eighties in particular when the judiciary of this land was compelled to suffer some ignominious mob assaults. As the President recollected and as reported by us yesterday, the goon squad assault on the residence of a Supreme Court judge in the wake of a ruling by the SC in a Fundamental Rights case involving Left politician Vivienne Gunawardhana, was one of the darkest moments in this country’s post-independence history. At that time, there were no assurances by the powers that were, that the independence and integrity of the judiciary would be respected and perpetuated, but President Rajapaksa is proving to be different.

Moreover, the President has underscored his sense of identity with the legal profession by reminding the country that although he is the President of this country, he is also a lawyer. The implication is that he has much in common with the legal profession.

It is now Received Wisdom almost that although the three arms of the polity, the Executive, the legislature and the judiciary, are essential and integral to the flowering of a democracy, they must act independent of each other and should not encroach into each others areas of duty and concern. In all flourishing democracies, this arrangement or separation of powers has worked fine.

Through experience, the democratic world has ascertained that it accrues to the common good to keep things this way because the work of one branch of government supports the other. Besides, this is a sound system of checks and balances that helps in maintaining the well being of the people and plays a major role in upholding their Rights. We believe things must remain this way because a democracy could be said to be in the pink of health only when the separation of powers doctrine holds sway. The President’s assurances help in underscoring this state of affairs and will ensure that the independence and integrity of the judiciary would not be tampered with.

This state of things is also integral to the functioning of law and order. It is the judiciary that plays a pivotal role in upholding the Rule of Law and without the latter we cannot see how a country could be saved from chaos and lawlessness.

The judiciary of this country has done it proud and we believe all sections must cooperate in upholding the dignity of the judiciary. Any attempts to denigrate the judiciary would only back-fire badly on the country because when the institutions that uphold law and order are weakened and when the Rule of Law is undermined, the country suffers inexorably. This is a vital lesson of history we dare not forget.

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Reminiscences of Gold

Searching mind on social issues

Raised in a background which afforded ample opportunities for career development, Dr. Asoka Bandarage has reached great heights in the academic field. A professor, research scholar, policy analyst, and a consultant, Dr. Bandarage has many publications and achievements to her credit. A lady with outstanding qualifications, she took time off from her busy schedule to talk to Reminiscences in Gold.

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Freedom behind bars: transforming lives of inmates

Fyodor Mikhailovich Dostoevsky (1821- 1881) author of Crime and Punishment once said: “The degree of civilization in a society can be judged by entering its prisons.” He was right. A society cannot be recognized as a civilized one unless it treats the prisoners with sympathy and affection. This treatment is not possible till the society recognizes and accepts their basic human rights and the fundamental rights.

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