(FMM/IFEX) – The following is an 11 May 2001 FMM press release: The Free Media Movement (FMM) strongly objects to the decision by High Court Judge Upali Abeyratna to proceed with the criminal defamation case against ‘Ravaya’ Editor Victor Ivan despite objections by Mr. Ivan’s lawyer. FMM considers the decision to be a violation of […]
(FMM/IFEX) – The following is an 11 May 2001 FMM press release:
The Free Media Movement (FMM) strongly objects to the decision by High Court Judge Upali Abeyratna to proceed with the criminal defamation case against ‘Ravaya’ Editor Victor Ivan despite objections by Mr. Ivan’s lawyer. FMM considers the decision to be a violation of the concept of natural justice and all accepted judicial practices.
Justice should not only be done but also seen to be done. The Ravaya editor publicly accused Mr. Abeyratna of violating all norms of justice in a case against the current Chief Justice Sarath Silva when the Chief Justice was the President of the Appeals Court. Ravaya newspaper made a series of exposes against the conduct of Mr. Upali Abeyratna and another magistrate.
As a consequence of this campaign, the Organisation for former Presidents of the Bar Association requested the then Chief Justice G.P.S. De Silva to hold an inquiry. The Chief Justice ordered the Judicial Services Commission to appoint a three-member committee to inquire into the allegations made by Ravaya newspaper. A three-member committee headed by Former President of the Appeals Court Amir Ismail found Mr. Abeyratna guilty and the Judicial Services Commission ordered him to retire from service. On an appeal made by Mr. Abeyratna, the Judicial Services Commission suspended all promotions for two years and made a punishment transfer to Monaragala. It is also the Ravaya newspaper that reported that Mr. Abeyratna had been promoted to the High Court on the recommendation of Chief Justice Sarath Silva even before his punishment period had expired.
For a judge who was punished after a campaign by the Ravaya newspaper to hear a case against its editor despite strong objections from his lawyer is against accepted judicial practice and decency. The FMM believes that the credibility of the judiciary would be strengthened by investigating allegations against individuals in the judiciary and taking corrective steps rather than using judicial powers to suppress criticism or by ignoring such allegations.
Sita Ranjani
Secretary
FMM
