By Mudliyar
 

Bar Association: A force for oppressed people
Continued from last week
How do you term this? Is it trade union action? or is it action to strengthen the Bar?

In 1989 the killings did not stop. Only the intervention of the Bar halted the trend. A large number of lawyers who were under threat were given special visas to enter any country in Europe. But killing of civilians continued unabated. Politicians were unable to prevent the carnage as they themselves were under threat. The Bar then took a bold stand. It collected names of voluntary organisations and lawyers in other countries from the embassies and wrote to them explaining the killings that were taking place and requested them to contact their friends and groups interested in preserving human rights.

They were to write to the President, the Minister of Defence, World Bank and the International Monetary Fund (IMF) with a copy to the Bar Association requesting the President of Sri Lanka to take immediate action to stop the killings. This had an unbelievable response. Chain letters originated from all over Europe, Australia and Japan. The letters were piling up at the Bar Association and even the IMF delayed granting monies to the Government of Sri Lanka.

The Government of the day learnt a lesson. There was no orchestration or publicity. The Government had to request the President of the Bar Association to apprise international organisations that the killings had abated and that the so called vigilantes had been disbanded or brought under control. This is what the Bar did for the people of our country.

Unlike a trade union the members of the Bar Association did not agitate for personal gain. They agitated to strengthen the Bar. They agitated as they wanted to walk with their heads held high as members of the most powerful professional organisation in the country. The Bar at that time rarely discussed the disgusting conditions of the lavatories in the Court House but took on more important issues like human rights and the Independence of the Judiciary. In the late seventies I remember Mr. Mervyn Casiechetty a rationalist by conviction bringing a resolution to legalize abortions. At that time there was a debate on whether abortions should be legalised and whether the Penal Code be amended to accommodate it.

When High Court Judge Mahanama Tillakeratne was arrested it was the protest which was carried out by a group of lawyers and not by the Bar Association that ended in the acquittal of the Judge.

Today the Police Officer who abducted Mr. Nimal Jayasinghe's client from the precincts of the Court is still at large. But in 1990 when Mr. Ariyathilake was abused by the OIC of the Police Station (he was the pet police officer of the District Minister). He was transferred forthwith to the Peliyagoda Police Station and later interdicted. He was indicted and convicted, because the Bar came out very strongly. The Police learnt to respect the Bar as a formidable organisation.

The Accountants - may be on the advice of some barefoot lawyers - floated companies to give legal advice and have now decided to wind up their organisations. Originally when this matter was brought to the notice of the Bar Council, with a lot of fanfare a committee was appointed to look into the problem. As usual the Committee went into slumber and did not even meet once.

Then the Bar had to appoint a different Committee which included members outside the Council. The Committee comprised Mr. Ged Gunaratne, Mr. K. Nelakandan, Mr. Hemantha Warnakulasuriya, Mr. Champaka Ladduwahetty and two members who are not in the Council, Mr. Aritha Wickramanayake and Mr. Chanaka de Silva. Within two weeks the matter was settled and the accountants decided to liquidate their firms.

This was indeed a great victory for the Bar. It clearly shows that with correct leadership the Bar can become the most powerful professional organisation in the country and it can leave behind the GMOA and other trade unions as the only organisation that would fight not only for the rights of its members but also for the rights of the oppressed people of this country.

It will be pertinent to remember the speech made by Mr. Desmond Fernando, PC on the occasion of the laying of the foundation stone of the new BASL building. "Perhaps at this moment we should pause to remind ourselves that the prestige of the legal profession has no connection with the size or the nature of the building which houses its professional organisation.

Whether we worked out of a three storeyed building or in a room at Hulftsdorp we have always been respected. That is because we have with unflinching courage championed the rights of the people of our country.

Let us therefore on this occasion rededicate ourselves to protecting and promoting the rights of our people, knowing well that if we are killed in the process no police inquiry will ever reveal who our murderers were. We therefore take this opportunity in reassuring the people of our country that we will never fail them''.


Back to Top
 Back to Columns  

Copyright © 2001 Wijeya Newspapers Ltd. All rights reserved.
Webmaster