AG Gives Undertaking That High Court Judge Will Not Be Summoned in Yoshitha Rajapaksa Case

The Attorney General has given an undertaking to the Supreme Court that a High Court Judge will not be summoned in connection with a matter arising from the Yoshitha Rajapaksa case, following significant legal intervention by senior members of the Bar Association of Sri Lanka.

Background to the Controversy

The controversy emerged after initial reports revealed that one High Court Judge had taken steps to summon another Judge over a judicial order issued in the Yoshitha Rajapaksa case. The move raised serious concerns within the legal fraternity regarding the independence of the judiciary and the sanctity of judicial decision-making in Sri Lanka.

In response, three senior members of the Bar filed a writ application in the Supreme Court, arguing that the summoning of a sitting judge over a judicial order posed a grave threat to the Rule of Law and the established principles of judicial independence.

Arguments Before the Supreme Court

Prominent lawyer Dr. Romesh de Silva, President's Counsel, appeared before the Supreme Court and argued forcefully that judges cannot and should not be questioned or called to account over orders they issue in the exercise of their judicial functions. He submitted that allowing such a practice would fundamentally undermine the independence of the judiciary and set a dangerous precedent for the Sri Lankan legal system.

Court Issues Interim Order

Following the submissions made before it, the Supreme Court issued an interim order halting any further steps in connection with the summoning of the High Court Judge. The Attorney General thereafter provided a formal undertaking to the court that no such summoning would proceed, bringing an immediate measure of relief to those who had raised concerns over the matter.

The case continues to draw close attention from Sri Lanka's legal community, with many observers noting that the swift intervention by senior Bar members reflects the profession's commitment to safeguarding judicial independence at the highest levels of the country's court system.