The Bar Association of Sri Lanka expresses its deep concern over the unfair criticism and interference on social media platforms that are affecting the role and independence of the Attorney General.
In a special statement issued today (20), the Bar Association emphasizes that obstruction of the “quasi-judicial” role performed by the Attorney General is a threat to the rule of law.
The Attorney General is not an implementer of “popular opinion”. The Bar Association reminds that the Attorney General should make decisions regarding the filing of indictments or prosecutions based solely on the legal validity of the evidence presented, not on public opinion or sentiment.
“Legal decisions may sometimes differ from popular opinion. But the rule of law exists to protect such decisions from ‘social media trials’,” the statement said.
A fair trial is a citizen’s right:
The Bar Association, citing a statement made by Supreme Court Justice Mark Fernando in the 1998 Victor Ivan v. Sarath N. Silva case, says that every citizen has the right to a fair and speedy trial of a complaint filed against him or her. The independence of the Attorney General must be protected because it ensures the protection of the law for all citizens.
Opportunity to seek judicial redress:
The Bar Association emphasizes that if someone believes that the decision of the Attorney General is unfair, the citizen has the right to criticize them, but it must be done within the legal framework.
It states that anyone can challenge the decisions of the Attorney General through a ‘writ’ order before the Court of Appeal or through a ‘fundamental rights’ petition before the Supreme Court.
Request to the Government:
Finally, the Bar Association of Sri Lanka requests that the Government and law enforcement agencies take immediate steps to prevent undue pressure and obstruction on officers of the Attorney General’s Office. It further states that the independence of state institutions should not be compromised to achieve political or narrow objectives.