by Victor Ivan

This book is vital reading for anyone who wishes to have an understanding of the extreme crisis of the judicial system in Sri Lanka. Concentrating on the character of the chief justice, Sarath Nanda De Silva, the author revels a colossal crisis within the judicial system that no one who cares for the survival of the rule of law in the country can ignore. In fact, how such a crisis such as this has not provoked a revolt from within the judiciary and among lawyers and the enlightened public in the country is hard to explain. There seems to be something radically inadequate within the legal fraternity, the political leadership and the media that shapes public opinion to have allowed such a crisis to occur.

The book was originally published in Singhalese in September 2002. The English version consists of the translation of the entire Singhalese version with additions at the end of the book. The book also includes several appendices, such as the motion of impeachment against De Silva, the first draft as well as the final draft, and the report "Sri Lanka Failing to Protect the Rule of Law and the Independence of the Judiciary" published in November 2001 by the International Bar Association.

Victor Ivan, a respected investigative journalist, reveals the history of some important developments in the judiciary in a series of well-documented stories. The thesis revealed through many narratives is as follows:

One tragic character emerges in the book ¡X the present chief justice and former attorney general ¡X De Silva. Reports against him concern the protection given to some judicial officers who have behaved scandalously. The story of Lenin Ratnayake, a magistrate who is alleged to have raped a litigant in his own chambers, reveals the incapacity of the system to deal with abuse of power and lack of discipline among the judiciary. On the other hand, there are many stories of magistrates who have been punished without any inquiry, seemingly due to disagreements with the chief justice. One story concerns a case that occurred when, as the former attorney general, the present chief justice was made a co-respondent in a divorce case filed by his former friend, chemical engineer Jayasekera. The subsequent development of the case as reported widely in the newspapers at the time makes frightening reading for anyone that may have to go before a court to have their case adjudicated. There are also detailed accusations of the manipulation of benches that give the impression of the exclusion of some judges from some important proceedings.

What stands out very sharply is that the integrity of the country¡¦s apex court are being rather marred by political pressures and the needs of some political parties rather than being determined by objective norms and standards that preserve the independence of the judiciary.

At the same time, as the English version of the book was published, another historical crisis arose with the resignation from the Supreme Court of the senior-most judge when he still had two more years to serve. The announcement has generated the biggest involvement of lawyers, intellectuals and religious leaders of the country in the affairs of the judiciary. They have all called the justice concerned to reconsider his resignation, on one hand, and have called upon the government to look into the circumstances which led to the resignation in the first place. There seems to be a belated recognition in the country that things have been allowed to degenerate for far too long and that a change is now essential for the very survival of the judiciary as an institution that can win the confidence of the people.

In such circumstances, this book provides valuable material for local readers and the international community to understand the nature of the rescue operation that is necessary, if such a rescue is possible at all. Like the fall of Humpty Dumpty, the fall of the judicial institutions in Sri Lanka has suffered a great fall. A rescue can come only from a great awakening from both within the country and the international community. This book is a valuable resource for contributing to such an awakening.

¡X Basil Fernando