Ask the Minister: Matters of Public Interest 

A chat with Hon. Wijeyadasa Rajapakshe, Minister of Justice & Minister of Buddhasasana 

Some of our readers will be very interested in getting to know the progress of the present government and the future plans of the Ministers. With the endeavour of creating awareness in this regard, Life Online met up with some Ministers and asked them a few questions. Their answers will be carried in this weekly column. This week, we speak to Wijeyadasa Rajapakshe, Minister of Justice & Minister of Buddhasasana. 

It’s been two years now since the Yahapalaya Government took over. Can you explain in brief what your Ministry has done to improve the Justice system from how it used to be, and what milestones you have achieved? 

When we assumed duties two years ago, as far as the Judicial sector was concerned there were two serious issues, which were the independence of the Judiciary and the delay of the Administration of Justice. 

When I was President of the Bar Association there were unprecedented things I had to face. One incident was the stoning of the Mannar court house and other politically motivated attacks. Another incident was when the secretary to the Judicial service Commission was attacked in broad daylight in Mount Lavinia. Then, the highest officer in the Judicial sector, the Chief Justice was sacked through a Kangaroo Court without following any democratic principles or norms. Also for the first time in the country there had been killings of judges and lawyers. 

When the incident of the Chief Justice took place, 3400 lawyers got together to stand together against this act. The great thing about the action the lawyers took was, that every decision made by the them was taken unanimously, irrespective of political pressure. At that time we boycotted the court for six days, this was an islandwide boycott. That was the dangerous situation we faced. 

In fact even the Chief Justice appointed was the President’s advisor. These are just a few of the issues that took place when the previous government was in power. 

With the change of the Government we have rectified everything and there is not a single allegation about the Independent Judiciary locally or internationally. Now Judges are free and performing their duties without any pressure. So they are very happy. This is one of the important things we have been able to achieve. 

We were also instrumental in adopting the 19th amendment. Our Ministry took the key role in this matter and as a result, now the Police and other public service departments, to a great extent, are performing their duties independently without interference. 

What about the delay of the Administration of Justice? What new measures have been taken? 

The delays are being curtailed to a great degree now. But it will take some time for people to notice this difference. We have amended the Mediation Board to increase the number of cases from the usually handled 200,000 to 500,000 annually. By this, small issues coming into court will be prevented. This way all parties are happy as there is no cost involved with the Mediation Boards. 

We have introduced an amendment to the civil procedure code. That includes compulsory mediation before coming to trial. By this we are hopeful that 15% of the cases might settle without coming for trial. Last month we introduced a Commercial Mediation Board also where parties can resolve their conflicts through compromise. 

We have set up an International Arbitration Centre - local companies and Government Institutions won’t have to go to London or Singapore hereafter. I am confident that this will be very successful. 

You were instrumental in bringing in the Yahapalanaya Government to establish democracy, eradicate corruption and bring all perpetrators to justice. Now most people think that what is being done is not sufficient. Your comments? 

There is a lot of misconception in the minds of the media and also the public. They are in a mighty hurry to catch the rogues and punish them. They forget what they demanded from the Yahapalanaya Government. They wanted to make all these institutions such as Judiciary, Police, Election Commission, Audit Commission, Procurement Commission etc., independent. 

Now, if the Police is independent and I being the Minister of Justice, or even if the President or Prime Minister keeps telling them to inquire into this complaint and that complaint and follow certain procedures, where is the independence of the Police?  Those who really demanded for Yahapalanaya Good Governance and also the independence of the Police and the Judiciary, are indirectly saying now, not to wait till the Police and the Judiciary do their job, but to interfere and get it done. So is this a correct way to handle these matters? 

For example, if I say that so and so is a rogue and has done so much of damage to the national economy, and give a direction to the Police to speed up their process, is it correct? 

Some people were agitating and saying that we should select the cases in which the members of the former administrations are the accused, and that we should have a separate court for these matters and that it needs to be accelerated. Then under the present constitution, how can I categorise the rogues in the former Government and the present Government? Who has the authority to make this categorisation? Is this type of interference not using political influence? Isn’t it being unethical? 

By pushing us and pressuring us, they are justifying that what the previous regime did was correct. So they must understand that we cannot resort to these means. 

What about protection of victims and witnesses? 

When I took over this office there was not a single law to protect the victims and witnesses. In the hundred day Government, this was my first Bill. This bill was drafted over 15 years ago but could not be implemented until now. We have also established the Authority for protection of Victims and Witnesses. 

What other important Bills have been established? 

For over two to three decades we couldn’t establish the Right to Information and the Drug Regulatory Authority. Now those two important Bills also have also been adopted amongst many others. 

According to a recent newspaper article, your Ministry appears to have done a lot of infrastructure development. Can you explain in brief? 

During the past two years we have completed the construction of brand new Court Houses in the Northern and Eastern provinces. In addition to that we are in the process of constructing a few more in other areas as well. 

You have acquired 6 acres of land in close proximity to the existing Hulsdorf premises to build a brand new court complex. Is this a viable project? Why not improve the existing buildings? 

Yes, we acquired this land from BCC and we will be constructing a Court Complex consisting 40 Court Houses. There is provision for parking and all other facilities. 

It is impossible to renovate the existing buildings. I do not know when it will collapse. Actually we should have abandoned these premises about 10 years ago. About seven years or eight years ago one part of the High Court collapsed. Luckily, it had happened in the night. If it happened in the daytime over hundred people would have died. It’s a huge risk. Nobody has drawn attention to the danger that could befall the Judges and the litigants. 

The existing building was built during the Dutch period and it is a Majestic building but it cannot be renovated. It cannot be demolished also as it has got a lot of Historical value. Under the Antiquity Ordinance it has to be preserved. 

You and a top ranking Minister who had to finally resign from his Ministerial portfolio were implicated in the Avant Garde issue. Your comments? 

I have to give some credit to Avant Garde because they have brought in a value of more than Rs. 16 billion in foreign currency into the country and also provided employment to over 7000 people who had retired at an early age from the forces. I didn’t appear for Gotabaya Rajapakse or Avant Garde, I appeared for the truth. The Defense Ministry had approved of this transaction. And also, they had got the sanction of the Security Council of the United Nations. If there is some allegation or some doubt about a bribery charge, then by looking at a contract I cannot give a decision. That they will have to be investigated. The truth will come out eventually. 

What is the Government’s legal stance on abortion? 

Abortion is against all four religions in this country. Previously abortion was permitted on medical grounds to save the life of the mother. Now we are going to expand it to permit rape victims and minors. The bill is ready. We are open to suggestions and amendments. 

The procedures for divorce and maintenance cases are tedious and dragging. Are their new reforms to speed up these processes? 

Not for divorce, but for violence against women and children, yes we are taking measures to finish these fast. The Judicial Service Commission will be giving directions to all the Court Houses to reserve one day of the week for Women’s and children’s cases and to make sure that it is prioritised and finished off as soon as possible. There are nineteen thousand cases pending at the moment in this small country of ours. It’s a pathetic situation. 

You have made some strong statement regarding homosexuality. Can you tell me if you have any idea of decriminalising it? 

Homosexuality is prohibited by law. Just for GSP we can’t change it because there are many social norms in this country. In places like Europe more than 40% of the people have no religion. They are secular. But in Sri Lanka we don’t have even 1% of secular people. They are very religious. Even our neighbouring countries like India, Bangladesh, Nepal etc., are not secular. They are more religious minded and disciplined by their religion. However, some people get involved in this kind of conduct. If they are doing it privately behind closed doors nobody knows that the law is not implemented. But by opening it out, the whole society might get into serious disruption. So under no circumstance are we going to change that law. 

Can you elaborate on the biggest ever Vesak celebration to be held in Colombo? What about the Dhamma Sangaayanawa? 

Until some years ago, the UN had not recognised Vesak as an international celebration, although they had done so with celebrations of all other main religions. G.P.Malalasekera under whose Chairmanship the World Buddhist Forum was held in Kandy, in 1950, moved a resolution in this regard and made a request to the UN to make Vesak an International Day of Celebration. But it didn’t proceed. In 1999 Lakshman Kadiragamar also brought in a resolution to the UN National Assembly, which was adopted in 2001. Since then Vesak has been declared an International Day of Celebration like Christmas, under the patronage of the UN. 

In 2016 when I was invited to give the keynote address at the World Buddhist Forum, I met with the council and got approval to have this event in Sri Lanka on the grounds that Therawada Buddism was preserved in our country. So finally they agreed. This celebration will be held from the 12th May to the 14th May in Colombo and Kandy. We have representatives from 100 countries attending this event. There will be conferences, academic session, celebrations and cultural events. This is the biggest ever Buddhist conference we are going to hold in Sri Lanka. The Chief Guest will be the Prime Minister of India, Hon. Narendra Modi. 

In November we will be having another Buddhist conference with the participation of 3000 international participants. Although we will be organising it, the foreign organisations will be bearing all costs. The Dhamma Sangaayanawa is another event, and will take place in 2018. 

Can you enlighten us on the Sakya Kingdom which is coming up in Piliyandala? 

This Sakya Kingdom will be constructed on 75 acres of land in Piliyandala. There will be replicas of Lumbini, Suddhodana’s Plalace, Kushinagar, Buddhagaya, Libraries, E-libraries, TV Stations which broadcast in several languages and accommodation for 10,000 people to meditate. This project will cost Rs. 500 million and it’s already in the process of getting built. The whole fund will be owned by the Light of Asia. The original plan of this organisation was to build this Sakya Kingdom in Los Angeles, but somehow I managed to convince them to have it in Sri Lanka. 

Did you know? 

He holds an LLB from the University of Colombo, MPhil from the University of Moratuwa, PHD on Constitutional Law from the Colombo University, PHD on Buddhist Philosophy from the University of Kelaniya. 

• He was the only active politician (as an MP) to contest for the office of President BASL and be elected with the highest ever majority. 
• He is the only BASL President to become a Cabinet Minister and only PC to become Minister of Justice. 
• He has been bestowed with the following awards: 

1. Dharmaneethi Visharada Sashana Vibushana from the Mahaviharawansika Shyamapali Mahanikaye Asgiri parshawaya. 

2. Ghandian Peace Award for Good Governance (for fight against corruption) 2011, Apex Award (for Legal sector) presented by the OPA. 

3. He was bestowed with the most prestigious award titled Sri Lankan of the year 2007 by LMD Media Services. 

4. Award of the Outstanding Young Person (TOYP) in the field of legal affairs in 1998 and was appointed as a President's Counsel in 2001.