Features
Justice Minister Ali Sabry on what he’s trying to do
Omnibus interview with Saman Indrajith
Justice Minister President’s Counsel Ali Sabry is known in the legal fraternity as among the most brilliant lawyers this country has seen in recent times. He has embarked on an ambitious plan to reform the legal system especially in respect of addressing law delays. He is confident that he could bring about the change and that will ultimately help this country and its people to reach their true potential, Minister Sabry said during an interview with The Sunday Island.
Excerpts:
Q: What is your assessment of the current political situation?
A:
In the current political situation, when it comes to party politics, the government is of course in a very strong position with its two thirds majority in parliament. Of course there are differences of opinion within the ruling party. That is how democracy works. But still in the government we are all united, compared to the opposition which is weak and not effective.
Q: The government came to power promising constitutional reforms. There were reports that the reforming process had commenced months back under your leadership. Would you like to comment on the current statusd of that process?
A:
On the instructions of President Gotabaya Rajapaksa and with the approval of the cabinet we have appointed an 11-member committee led by President’s Counsel Romesh de Silva to report on constitutional changes. It is a committee with diverse opinions and representations of many religions and communities. There are jurists, legal luminaries, legal academics, and members of civil society, Buddhists, Catholics, Sinhalese, Tamils and Muslims. They have been given a mandate to study and examine past attempts to amend the constitutions, to consult the public, religious leaders and political parties and to come up with a draft constitution. They have been working very hard. I understand that last weekend they traveled to Kandy to meet some of the people there to get their opinions as a part of the consultative process. They will submit their first draft in March. It would be then presented to the Cabinet to decide on its passage through parliament.
Q: There is a strong opinion that constitutions since Independence have not been able to support building what is known as a unique Sri Lankan identity but instead contributed to promoting communal identities. Do you think that the new constitution would be able to do something different and help promote a pan-Sri Lankan identity?
A:
Ideally that should be the case. But you have to understand that this is a country with a great history based on Buddhism. So Buddhism has to be preserved and given the foremost of place as it has been the case in the 1972 and 1978 constitutions. By doing so it should ensure we respect other religions too. We can embrace good qualities of all our communities and create a Sri Lankan identity that is acceptable to 70 percent of the Sinhala Buddhists. In that case we must promote the brand of Buddhism known in this country for centuries, helping people celebrate each other not despise each other, creating an identity which will help each other. That’s the brand of Buddhism known to people of this country for a long period of time.
The worst done to the Muslim community has been done by those promoting the ideology of Taliban and other extremist groups. They profess a brand of Islam that true Islam is never known for. It is a militant and non-tolerant, a rigid brand. Opposed to that we have a history of Sri Lanka known for its religious tolerance and love of peace. For example while the whole world was hating Japan at the San Francisco summit, Mr. JR Jayewardene, representing this country, who helped them to open their eyes to reality by explaining the Buddhist value that hatred never ceases by hatred but would only cease by love, respect and mercy. Whenever there were disputes between nations in the region, Japan and China, India and China and India and Pakistan, Prime Minister Sirima Bandaranaike met with their leaders and diffused those tensions by professing Buddhist values. When all the powerful nations were trying to write off Palestine from the world map, Mahinda Rajapaksa stood up and supported them.
Those leaders could achieve peace because our society is based on values Gautama Buddha had preached such as equality; respect for each other’s dignity and love. That is the brand I think that we should promote once again. If that happens we will be truly representing ourselves as true ambassadors of this great country and great philosophy of Buddhism which nobody can oppose or go against. It is a choice for all Lankans right now. As a Muslim I hate Taleban Islam. They have inflicted the biggest damage on the Islamic faith. We do not want any extremism of any sort. Every religion preaches peace, harmony, respect and brotherhood. Having said so, Sri Lanka should be primarily a Sinhala Buddhist country. We have been respected by the world as being primarily a Sinhala Buddhist country in the 1960s and 1970s. We must get a Sri Lankan identity which embraces everyone, Sinhalese, Tamils, Muslims so that all can feel proud and say that we, despite all our differences, are Sri Lankans. That is where I want to see this country going.
Q: There are news items quoting you of ambitious plans by the justice ministry to effect changes. According to some, the changes mean overhauling the system and that many archaic laws are being changed. How long do you think this would take?
A:
One of the main reasons that compelled me to take leave from the legal profession and enter politics was that the need to change the legal system. This system needs an overall change. In the World Bank’s ‘Ease of Doing Business in 2028’ world ranking we were at 112 out of 185 countries. In the index of ‘Enforcement of Contacts’ Sri Lanka was at 165 out of 189 countries because it takes such a long time to enforce a contract here. Countries such as Ethiopia, Rwanda are ranked better than us because their legal systems are more effective than ours. It is not about the independence of the judiciary per se. With regard to the independence of the judiciary I think we can be happy where Sri Lanka stands today irrespective of the few cases of which people are complaining. Independence of the judiciary itself is not everything. It has to be effective, efficient, time-tested, and affordable. That is what the rankings are about.
Before I started politics I was involved in legal reforms from the Bar Association as an executive committee member, as a treasurer then finally as the deputy president. We have a very strong strategy to look into all matters carefully. In one of our research results we found that Sri Lanka has 15 judges per one million population whereas advanced countries such as Germany and Canada have almost 200; countries like Singapore have more than 100 per million people whereas Malaysia and Thailand have 65 to 68 judges, even India has 20 judges per one million. We decided to increase the number of judges and started it from the Supreme Court and Court of Appeal. More judges would be appointed to lower courts in the coming months.
In addition we started improving infrastructure of court houses countrywide. We have not yet been able to embrace the advantages made available to us by technology. Other countries have done that and digitalized their systems. We recently started the digitizing process. The Supreme Court started e-filing rules. Magistrate Courts and Court of Appeal commenced to hear bail applications online. High Courts now accept e-filing and the Court of Appeal commenced e-hearing. There is so much to be done but we hope we can complete this in four years time.
We are also planning to bring about amendments to many laws that had not been visited for many decades. For that purpose we have appointed three committees on criminal law, civil law and commercial law. Altogether around 20 committees are now working on different specialized areas of law. I am happy to say more than 150 highly respected lawyers are serving in those different committees and most of them serve voluntarily without taking any fee for their services. There is an expectation in our legal community that something is happening and they need to be part of it. I am very optimistic that we could transform this system. It will take some time for results.
In some matters we have been able to see the results. When I assumed duties the backlog of cases stuck at the Government Analyst’s Department was around 16,000. Now, we have almost finished most of those case analyses and by the end of March we finish clearing the backlog. In January, we set a very high target of turning out 4,828 reports. We achieved 104 percent. That was something unthinkable six months ago. I am sure that we can transform the system.
Q: There were reports that Sri Lanka Law College Student’s Union had been agitating for some time demanding that there were academic, infrastructure and welfare issues of students that have been overlooked. There were also reports that the president and secretary of the union met you recently with all those matters presented in writing. The students complain that what they witness is a game of passing buck between authorities. In what way you can solve their problems because it was also your college once.
A:
I have a huge respect, love and admiration for the Law College. It is a great place which has turned out Lankan leaders such as Presidents JR Jayewardene and Mahinda Rajapaksa. We need to preserve that place and maintain its standards and stature and independence. The Incorporated Council of Legal Education is an independent body. The Justice Minister can appoint few people to the council, but the majority is ex officio – the Chief Justice, two members of the Supreme Court, the Attorney General, the Solicitor General, two members from the Bar Association of Sri Lanka and Secretary to the Ministry of Justice. It is an independent body and unfortunately there had been no funding from the government to the council for its functions. They have to meet their expenses with the funds collected as fees from the college. That is the problem.
I took over in August, and I did not want to remove serving members though some were appointed by the previous government. They are also respectable members of our profession. Though they have been appointed to the council by the previous minister, I did not want to be ungrateful and remove them in the middle of their terms. When their terms ended I appointed my representatives including Harsha Amarasekera, the Chairman of the Sampath Bank, Sanjeewa Jayawardena, Naveen Marapana, Sampath Mendis, all are President’s Counsels and Prof Camena Gunaratne and also the Dean of the Faculty of Law of the University of Colombo. I hope the new team will come together and study the situation and decide what is to be done. I agree the Law College needs to be upgraded and it has been long neglected in all aspects of its quality of education, infrastructure, welfare of students, extra-curricular activities, embracing technology etc. I am sure that his lordship, the Chief Justice and his Council will carefully re-look at problems and find a way to upgrade the Law College. I am ever willing to help.
Q: Many brilliant lawyers held the post of justice minister. Some of them after their stint in politics returned to the Bar not to be welcomed. For example it is said that when Felix Dias Bandaranaike returned to the bar after a stint in politics, the legal fraternity at Hulftsdorp considered him a ‘plague’. The fraternity including judges and other lawyers will keep in mind what the justice ministers do. How do you see your future?
A
: I do not have long term ambitions in politics. I want to positively contribute for the upliftment of our country. Some people misinterpret even a single word I may say. All my intentions are very pure. I have sacrificed a lot to come here. I firmly believe in a single Sri Lankan identity. I also firmly believe Sri Lankan Muslims should live and embrace Sri Lankan culture. There is a sub-Sri Lankan Muslim culture that is different to the Sinhala Buddhist culture. But it is a Sri Lankan Muslim culture. That has to be embraced. There is nothing for us to be afraid of each other. We can help each other. We must create that environment. That is one of the objectives in my coming to politics.
As I already told you I decided to come to politics because I want to see a change of system. I have seen the agony of clients and people because of the delays. On the other hand this country cannot reach its true potential when the justice system is in the lower slots of international rankings. As long as I am here I work 24 hours by seven. My staff in the ministry too work in the same manner. Those at the government analyst’s department worked many extra hours without even applying for overtime to clear the backlog of reports. I am so grateful to them because they work very hard. They work because they have felt something is happening and the whole bisiness is moving in the right direction.
All the officers in this ministry, I am so glad, are working to complete their tasks. Some of them are working even on Saturdays and Sundays. That means that they know that we have come here for a reason and we will transform this place. The ultimate beneficiary of this work is the general public.
We are interested in making the Sri Lankan legal system world class, to bring our rankings higher so ultimately that will contribute to the rule of law so people will be safe on the streets; that they do not need to wait for a long period of time to see justice being done. After completing this I will go back to my profession to practice law.
Author
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Author
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There’s an ill more dangerous and pervasive than the Coronavirus that’s currently sweeping Sri Lanka. That is the fear to express one’s convictions. Across the public sector of the country in particular many persons holding high office are stringently regulating and controlling the voices of their consciences and this bodes ill for all and the country.
The corrupting impact of fear was discussed in this column a couple of weeks ago when dealing with the military coup in Myanmar. It stands to the enduring credit of ousted Myanmarese Head of Government Aung San Suu Kyi that she, perhaps for the first time in the history of modern political thought, singled out fear, and not power, as the principal cause of corruption within the individual; powerful or otherwise.
To be sure, power corrupts but the corrupting impact of fear is graver and more devastating. For instance, the fear in a person holding ministerial office or in a senior public sector official, that he would lose position and power as a result of speaking out his convictions and sincere beliefs on matters of the first importance, would lead to a country’s ills going unaddressed and uncorrected.
Besides, the individual concerned would be devaluing himself in the eyes of all irrevocably and revealing himself to be a person who would be willing to compromise his moral integrity for petty worldly gain or a ‘mess of pottage’. This happens all the while in Lankan public life. Some of those who have wielded and are wielding immense power in Sri Lanka leave very much to be desired from these standards.
It could be said that fear has prevented Sri Lanka from growing in every vital respect over the decades and has earned for itself the notoriety of being a directionless country.
All these ills and more are contained in the current controversy in Sri Lanka over the disposal of the bodies of Covid victims, for example. The Sri Lankan polity has no choice but to abide by scientific advice on this question. Since authorities of the standing of even the WHO have declared that the burial of the bodies of those dying of Covid could not prove to be injurious to the wider public, the Sri Lankan health authorities could go ahead and sanction the burying of the bodies concerned. What’s preventing the local authorities from taking this course since they claim to be on the side of science? Who or what are they fearing? This is the issue that’s crying out to be probed and answered.
Considering the need for absolute truthfulness and honesty on the part of all relevant persons and quarters in matters such as these, the latter have no choice but to resign from their positions if they are prevented from following the dictates of their consciences. If they are firmly convinced that burials could bring no harm, they are obliged to take up the position that burials should be allowed.
If any ‘higher authority’ is preventing them from allowing burials, our ministers and officials are conscience-bound to renounce their positions in protest, rather than behave compromisingly and engage in ‘double think’ and ‘double talk’. By adopting the latter course they are helping none but keeping the country in a state of chronic uncertainty, which is a handy recipe for social instabiliy and division.
In the Sri Lankan context, the failure on the part of the quarters that matter to follow scientific advice on the burials question could result in the aggravation of Islamophobia, or hatred of the practitioners of Islam, in the country. Sri Lanka could do without this latter phobia and hatred on account of its implications for national stability and development. The 30 year war against separatist forces was all about the prevention by military means of ‘nation-breaking’. The disastrous results for Sri Lanka from this war are continuing to weigh it down and are part of the international offensive against Sri Lanka in the UNHCR.
However, Islamophobia is an almost world wide phenomenon. It was greatly strengthened during Donald Trump’s presidential tenure in the US. While in office Trump resorted to the divisive ruling strategy of quite a few populist authoritarian rulers of the South. Essentially, the manoeuvre is to divide and rule by pandering to the racial prejudices of majority communities.
It has happened continually in Sri Lanka. In the initial post-independence years and for several decades after, it was a case of some populist politicians of the South whipping-up anti-Tamil sentiments. Some Tamil politicians did likewise in respect of the majority community. No doubt, both such quarters have done Sri Lanka immeasurable harm. By failing to follow scientific advice on the burial question and by not doing what is right, Sri Lanka’s current authorities are opening themselves to the charge that they are pandering to religious extremists among the majority community.
The murderous, destructive course of action adopted by some extremist sections among Muslim communities world wide, including of course Sri Lanka, has not earned the condemnation it deserves from moderate Muslims who make-up the preponderant majority in the Muslim community. It is up to moderate opinion in the latter collectivity to come out more strongly and persuasively against religious extremists in their midst. It will prove to have a cementing and unifying impact among communities.
It is not sufficiently appreciated by governments in the global South in particular that by voicing for religious and racial unity and by working consistently towards it, they would be strengthening democratic development, which is an essential condition for a country’s growth in all senses.
A ‘divided house’ is doomed to fall; this is the lesson of history. ‘National security’ cannot be had without human security and peaceful living among communities is central to the latter. There cannot be any ‘double talk’ or ‘politically correct’ opinions on this question. Truth and falsehood are the only valid categories of thought and speech.
Those in authority everywhere claiming to be democratic need to adopt a scientific outlook on this issue as well. Studies conducted on plural societies in South Asia, for example, reveal that the promotion of friendly, cordial ties among communities invariably brings about healing among estranged groups and produces social peace. This is the truth that is waiting to be acted upon.
Author
By Sanjeewa Jayaweera
It was on 3rd January 1972 that our family arrived in Karachi from Moscow. Our departure from Moscow had been delayed for a few weeks due to the military confrontation between Pakistan and India. It ended on 16th December 1971. After that, international flights were not permitted for some time.
The contrast between Moscow and Karachi was unbelievable. First and foremost, Moscow’s temperature was near minus 40 degrees centigrade, while in Karachi, it was sunny and a warm 28 degrees centigrade. However, what struck us most was the extreme warmth with which the airport authorities greeted our family. As my father was a diplomat, we were quickly ushered to the airport’s VIP Lounge. We were in transit on our way to Rawalpindi, the airport serving the capital of Islamabad.
We quickly realized that the word “we are from Sri Lanka” opened all doors just as saying “open sesame” gained entry to Aladdin’s cave! The broad smile, extreme courtesy, and genuine warmth we received from the Pakistani people were unbelievable.
This was all to do with Mrs Sirima Bandaranaike’s decision to allow Pakistani aircraft to land in Colombo to refuel on the way to Dhaka in East Pakistan during the military confrontation between Pakistan and India. It was a brave decision by Mrs Bandaranaike (Mrs B), and the successive governments and Sri Lanka people are still enjoying the fruits of it. Pakistan has been a steadfast and loyal supporter of our country. They have come to our assistance time and again in times of great need when many have turned their back on us. They have indeed been an “all-weather” friend of our country.
Getting back to 1972, I was an early beneficiary of Pakistani people’s love for Sri Lankans. I failed the entrance exam to gain entry to the only English medium school in Islamabad! However, when I met the Principal, along with my father, he said, “Sanjeewa, although you failed the entrance exam, I will this time make an exception as Sri Lankans are our dear friends.” After that, the joke around the family dinner table was that I owed my education in Pakistan to Mrs B!
At school, my brother and I were extended a warm welcome and always greeted “our good friends from Sri Lanka.” I felt when playing cricket for our college; our runs were cheered more loudly than of others.
One particular incident that I remember well was when the Embassy received a telex from the Foreign inistry. It requested that our High Commissioner seek an immediate meeting with the Prime Minister of Pakistan, Mr Zulifikar Ali Bhutto (ZB), and convey a message from Mrs B. The message requested that an urgent shipment of rice be dispatched to Sri Lanka as there would be an imminent rice shortage. As the Ambassador was not in the station, the responsibility devolved on my father.
It usually takes about a week or more to get an audience with the Prime Minister (PM) of a foreign country due to their busy schedule. However, given the urgency, my father spoke to the Foreign Ministry’s Permanent Sectary, who fortunately was our neighbour and sought an urgent appointment. My father received a call from the PM’s secretary around 10 P.M asking him to come over to the PM’s residence. My father met ZB around midnight. ZB was about to retire to bed and, as such, was in his pyjamas and gown enjoying a cigar! He had greeted my father and had asked, “Mr Jayaweera, what can we do for great friend Madam Bandaranaike?. My father conveyed the message from Colombo and quietly mentioned that there would be riots in the country if there is no rice!
ZB had immediately got the Food Commissioner of Pakistan on the line and said, “I want a shipload of rice to be in Colombo within the next 72 hours!” The Food Commissioner reverted within a few minutes, saying that nothing was available and the last export shipment had left the port only a few hours ago to another country. ZB had instructed to turn the ship around and send it to Colombo. This despite protests from the Food Commissioner about terms and conditions of the Letter of Credit prohibiting non-delivery. Sri Lanka got its delivery of rice!
The next was the visit of Mrs B to Pakistan. On arrival in Rawalpindi airport, she was given a hero’s welcome, which Pakistan had previously only offered to President Gaddafi of Libya, who financially backed Pakistan with his oil money. That day, I missed school and accompanied my parents to the airport. On our way, we witnessed thousands of people had gathered by the roadside to welcome Mrs B.
When we walked to the airport’s tarmac, thousands of people were standing in temporary stands waving Sri Lanka and Pakistan flags and chanting “Sri Lanka Pakistan Zindabad.” The noise emanating from the crowd was as loud and passionate as the cheering that the Pakistani cricket team received during a test match. It was electric!
I believe she was only the second head of state given the privilege of addressing both assemblies of Parliament. The other being Gaddafi. There was genuine affection from Mrs B amongst the people of Pakistan.
I always remember the indefatigable efforts of Mr Abdul Haffez Kardar, a cabinet minister and the President of the Pakistan Cricket Board. From around 1973 onwards, he passionately championed Sri Lanka’s cause to be admitted as a full member of the International Cricket Council (ICC) and granted test status. Every year, he would propose at the ICC’s annual meeting, but England and Australia’s veto kept us out until 1981.
I always felt that our Cricket Board made a mistake by not inviting Pakistan to play our inaugural test match. We should have appreciated Mr Kardar and Pakistan’s efforts. In 1974 the Pakistan board invited our team for a tour involving three test matches and a few first-class games. Most of those who played in our first test match was part of that tour, and no doubt gained significant exposure playing against a highly talented Pakistani team.
Several Pakistani greats were part of the Pakistan and India team that played a match soon after the Central Bank bomb in Colombo to prove that it was safe to play cricket in Colombo. It was a magnificent gesture by both Pakistan and India. Our greatest cricket triumph was in Pakistan when we won the World Cup in 1996. I am sure the players and those who watched the match on TV will remember the passionate support our team received that night from the Pakistani crowd. It was like playing at home!
I also recall reading about how the Pakistani government air freighted several Multi Barrell artillery guns and ammunition to Sri Lanka when the A rmy camp in Jaffna was under severe threat from the LTTE. This was even more important than the shipload of rice that ZB sent. This was crucial as most other countries refused to sell arms to our country during the war.
Time and again, Pakistan has steadfastly supported our country’s cause at the UNHCR. No doubt this year, too, their diplomats will work tirelessly to assist our country.
We extend a warm welcome to Mr Imran Khan, the Prime Minister of Pakistan. He is a truly inspirational individual who was undoubtedly an excellent cricketer. Since retirement from cricket, he has decided to get involved in politics, and after several years of patiently building up his support base, he won the last parliamentary elections. I hope that just as much as he galvanized Sri Lankan cricketers, his political journey would act as a catalyst for people like Kumar Sangakkara and Mahela Jayawardene to get involved in politics. Cricket has been called a “gentleman’s game.” Whilst politics is far from it!.
Author
Believe me, seeing certain videos, on social media, depicting action, on the dance floor, at some of these entertainment venues, got me wondering whether this Coronavirus pandemic is REAL!
To those having a good time, at these particular venues, and, I guess, the management, as well, what the world is experiencing now doesn’t seem to be their concerned.
Obviously, such irresponsible behaviour could create more problems for those who are battling to halt the spread of Covid-19, and the new viriant of Covid, in our part of the world.
The videos, on display, on social media, show certain venues, packed to capacity – with hardly anyone wearing a mask, and social distancing…only a dream..
How can one think of social distancing while gyrating, on a dance floor, that is over crowded!
If this trend continues, it wouldn’t be a surprise if Coronavirus makes its presence felt…at such venues.
And, then, what happens to the entertainment scene, and those involved in this field, especially the musicians? No work, whatsoever!
Lots of countries have closed nightclubs, and venues, where people gather, in order to curtail the spread of this deadly virus that has already claimed the lives of thousands.
Thailand did it and the country is still having lots of restrictions, where entertainment is concerned, and that is probably the reason why Thailand has been able to control the spread of the Coronavirus.
With a population of over 69 million, they have had (so far), a little over 25,000 cases, and 83 deaths, while we, with a population of around 21 million, have over 80,000 cases, and more than 450 deaths.
I’m not saying we should do away with entertainment – totally – but we need to follow a format, connected with the ‘new normal,’ where masks and social distancing are mandatory requirements at these venues. And, dancing, I believe, should be banned, at least temporarily, as one can’t maintain the required social distance, while on the dance floor, especially after drinks.
Police spokesman DIG Ajith Rohana keeps emphasising, on TV, radio, and in the newspapers, the need to adhere to the health regulations, now in force, and that those who fail to do so would be penalised.
He has also stated that plainclothes officers would move around to apprehend such offenders.
Perhaps, he should instruct his officers to pay surprise visits to some of these entertainment venues.
He would certainly have more than a bus load of offenders to be whisked off for PCR/Rapid Antigen tests!
I need to quote what Dr. H.T. Wickremasinghe said in his article, published in The Island of Tuesday, February 16th, 2021:
“…let me conclude, while emphasising the need to continue our general public health measures, such as wearing masks, social distancing, and avoiding crowded gatherings, to reduce the risk of contact with an infected person.
“There is no science to beat common sense.”
But…do some of our folks have this thing called COMMON SENSE!
