By
The Sunday Times Political Editor
Besides polls conducted by the Department of Elections, perhaps the only other which assume an official character are elections to the Bar Association of Sri Lanka (BASL), the premier body representing the country’s lawyers.
Formed in 1974 with the incorporation of the Bar Council of Ceylon and the Incorporated Law Society of Ceylon, it is meant to be the spokes-body of the Un-official Bar with the Solicitor General from the Official Bar acting as the returning Officer for the election. The membership of the BASL includes judges, state counsel and private lawyers.
Even if they are classified as the ‘unofficial bar,’ like oxygen, they are a must for the survival of the official one — those lawyers from the State, as well as members of the judiciary. It is the harmonious blend of the threesome that ensures justice and fair play for the people. More importantly, they are the pivots on which the rule of law in a nation rests besides the now heavily politicised and increasingly undisciplined Police Department.
The climate for justice, fair play and the enforcement of the rule of law, there is little doubt, has changed for the worse. This was particularly so after the hurried December 2012/January 2013 impeachment of Chief Justice 43, Shirani Bandaranayake and the enthronement of CJ 44, Justice Mohan Peiris. The move angered even lawyers who were staunch supporters of the UPFA Government and triggered an international outcry. The shockwaves it created continue to reverberate here and abroad.
Every other year, District Court premises in different towns become polling booths. The Solicitor General supervises the polls in Colombo and District Judges supervise the polls in their respective jurisdictions. Between 8 am and 5 p.m. last Wednesday lawyers turned up to cast their votes, an exercise whose outcome delivered a powerful message to the UPFA Government.
Upul Jayasuriya. a frontline campaigner against the impeachment of Dr.Bandaranayake, was elected as president of the BASL by a majority of 2,048 votes against his rival Tirantha Walaliyadda, PC who admittedly was perceived as a government backed candidate and one who supported the appointment of Mohan Peiris as CJ 44. Walaliyadda secured 902 votes.
Congratulating the winner on his “resounding victory”, Walaliyadda, the vanquished said he would support all efforts on behalf of the BASL. The victory count is without 17 votes in Warakapola and 14 votes in Mahiyangana areas. The Returning Officers or the District Judges there had sent the results by post to the BASL. It is not just the larger majority that was cause for history. There were many reasons.
Walaliyadda was a last minute entry to the contest after Jayasuriya had announced his candidature. While several former BASL presidents and other respected President’s Counsel had thrown their weight behind Jayasuriya, pro-impeachment lawyers searched for a candidate. Newly appointed Bank of Ceylon chairman Razik Zarook, PC who spoke on behalf of “those lawyers assembled” at the ceremonial sitting of CJ 44 Peiris, was the main proposer of Walaliyadda’s candidature.
Ironically, last year, Walaliyadda challenged UNP MP Wijeyadasa Rajapaksha, and lost to him. His campaign platform was to ensure the independence of the legal profession without political interference, and had the support of the likes of Upul Jayasuriya. This time, however, government VIPs threw their full weight hosting lunches and dinners for lawyers in support of Walaliyadda.
Lunches and dinners included one at the Mahaweli Centre hosted by Minister Nimal Siripala de Silva; one in Narammala (Kurunegala District) by Minister Anura Priyadarshana Yapa; one at the Earl’s Regency in Kandy by the Central Province Chief Minister, Tissa Karaliyadde.
In Tangalla, Jayasuriya romped home securing 18 votes whileWalaliyadda obtained only two. Similarly, Jayasuriya secured majorities in other southern districts. Here are a few examples: Hambantota – Jayasuriya 14,Walaliyadde 4; Galle – Jayasuriya 97,Walaliyade 23; Matara – Jayasuriya 92,Walaliyadde 24.
Another significant victory was in Kandy where Jayasuriya secured 132 votes and Walaliyadda only 32. It was only in three towns that Walaliyadda won and they were by slim margins. They are Akkaraipattu: Walaliyadda 7, Jayasuriya 5; Baddegama: Walaliyadda 8, Jayasuriya 5; Kuliyapitiya: Walaliyadda 20, Jayasuriya 19.
At last year’s BASL elections, Wijeyadasa Rajapaksha polled 2,884 votes whilst Walaliyadda secured 1,123.
A cynical attorney-at-law who supported Jayasuriya pointed out that 52 had attended the dinner in support of Walaliyadda in Kandy but he had secured only 32 votes. Though some had attended the dinner, they voted for Jayasuriya, he said adding this was “the case in a few other places too.” This year, there were 11,228 lawyers on the voter register, though some were said to be dead, living abroad or no longer in practice.
Walaliyadda’s campaign strategy this time around was to “build a bridge” between the Government and the legal fraternity; a bridge that had collapsed with the impeachment crisis. That no doubt was cause for the official backing he received. Such a “bridge” would have helped the ruling UPFA leadership to gain control of one important segment in the legal sector that is now not within its realm. Of course, there are always lawyers backing Governments. Some even serve as chairmen of state corporations and other statutory bodies. Others have won briefs from corporations where the fees are handsome. Walaliyadda also made a call on the Opposition United National Party Leader Ranil Wickremesinghe. That was apparently to project the message that he had access both to President Mahinda Rajapaksaand Wickremesinghe — something which his rival did not enjoy.
Jayasuriya has been a bitter critic of Wickremesinghe and was the head of the UNP lawyers union, but took it to court when Wickremesinghe ousted him from the post. He was viewed as an antagonist, while Walaliyadda was portraying himself as a pacifist.
But the recent impeachment crisis was too fresh in the memory of the legal fraternity. They saw in Jayasuriya the candidate who opposed the Government’s oppressive measures against the lawyers to force Dr.Bandaranayake out of office with police muscle included, and instal one of its own advisers, Peiris in office. The Colombo Law Society elections that preceded the BASL election gave a clear indication which way the wind was blowing. ‘Temple Trees’ provided a list of candidates but it was rejected, barring two on it, and the anti-impeachment lawyers swept the board. It was a harbinger of things to come.
Jayasuriya who became a lawyer at 21 years remains defiant. “I have been given an overwhelming mandate to uphold the ideals our Association has stood for over the years. That includes an independent judiciary, the rule of law and the dignity of the Bar. I will work tirelessly to achieve them,” he told the Sunday Times. The task does not seem easy. The first major hurdle he has to cross is his own convocation on March 30, or in less than six weeks. That is the event that formally crowns him as President of the BASL. Traditionally, the chief guest at the event is the Chief Justice. And therein lies a tale.
Jayasuriya not only had the backing of the senior President’s Counsel and former presidents of the BASL, but his Bar to Bar campaign was carried out largely by young lawyers who were in the forefront of the anti-impeachment campaign.
COURTESY”SUNDAY TIMES