CJ raises alarm over conspiracy to oust him

By S.S.Selvanayagam

Chief Justice Sarath N Silva yesterday raised alarm over a conspiracy to oust him but vowed to stay on till the salary anomaly issue of the judiciary was resolved.

The Chief Justice made these comments when a fundamental rights violation petition demanding a salary increase for the judges was taken up for hearing.

The Chief Justice said he would not retire from office as long as the issue of anomalies in the salary of the judiciary continued to exist and also asserted that he would expose all wrongdoers before he stepped down.

The Chief Justice also lambasted the Secretary of the Judicial Services Commission and the Secretary of the Salaries and Cadre Commission saying they had deliberately created a crisis situation despite agreeing to the new salary structure in the presence of the President.

The Chief Justice asked why the Attorney General was brought in to this case as there was no question of law but a mere question of sanity and sense.

Attorney General C.R. de Silva PC said there was some misunderstanding from the point where the matter was discussed with the President and later with the Secretary to the Judicial Service Commission and he moved for time to clarify this matter.

Court directed that the Secretary to the Judicial Service Commission and the Secretary to the President be noticed to clarify what the President had said.

The Supreme Court had already granted leave to proceed with the fundamental rights violation petition filed by High Court Judges alleging infringement of their right to equality and equal protection of the law.

High Court Judges Association, its President D.S.C.Lecamwasam, Secretary Thilak Thabrew, Gampaha

Civil Appellate High Court Judge S.M.S.Samarakoon, Judicial Service Association, its President Sisira Ratnayake and its Secretary Nissanka Bandula Karunaratne are the petitioners.

They filed rights violation petition against the National Salaries and Cadre Commission and Finance Ministry Secretary.

The petitioners said the National Salaries and Cadre Commission was a special agency established by the President in the exercise of powers vested in him to advise and assist the government in the formulation and development of policies with regard to wage policy and cadre management in the public sector.

They said according to the Presidential directive establishing the said Commission, the government is desirous of keeping the remuneration of the public sector under continuous review to introduce progressively a remuneration package which will ensure a living wage, provide an incentive to greater productivity, attract to and retain in the public service best talent available.

They alleged the failure to grant increased salaries and an appropriate salary structure for judges and the failure to treat the judiciary separate from the public service in the matter of salaries has been a continuing violation by executive or administrative action of the fundamental rights of the petitioners.

They allege that respondents have failed to give due consideration to the additional powers and functions of the High Court Judges after an appellate jurisdiction has been vested on the High Courts. They contend the respondents had failed to give due consideration to the salary anomalies between Senior District Judges, Senior Registrars, Magistrates and Senior State Counsels and the anomalies with regard to the annual increment of High Court Judges and Secretaries to Ministers.

They are seeking a declaration from the court to direct the National Salaries and Cadre Commission and the Finance Ministry Secretary to recommend the Cabinet increased salaries and an appropriate salary structure for judges from January 1 of 2007.

President’s Counsel D.S.Wijesinghe with President’s Counsel Dr Jayampathy Wickramaratne, Pubudini Wickramaratne, Kausalya Molligoda instructed by Dhammika Dharmadasa appeared for the petitioners.