The Bar Association of Sri Lanka (BASL) has urged the government to take steps to ensure the safety of its former head Saliya Pieris, PC.The BASL says there have been organised protests in Colombo against Saliya Pieris PC, the Former President of the Bar Association of Sri Lanka, conducting his professional duties with regard to a particular client.
The BASL has said in a media statement: “We are of the view that the said protest, not only seriously hinders his right to represent a client, a professional right which has been safeguarded by law, but also an attack on the profession at large. In the case of Wijesundara Mudiyanselage Naveen Nayantha Bandara Wijesundara vs Sirwardena and Others (SCFR 13/2019), the Supreme Court observed that: “The first piece of legislation passed by the Parliament soon after the promulgation of the 1978
Constitution was the Judicature Act No. 02 of 1978. As the administration of justice in any civilized society cannot be effectively implemented without lawyers, the legislature in its wisdom, through the Judicature Act, established the legal profession.
“Thus, there is no dispute that the legal profession is a sine qua non for the due administration of justice in this country and for that matter in any civilized society. The said profession is essential for the maintenance of the Rule of Law and maintenance of law and order and its due existence is of paramount importance to the organized functioning of the society which is primarily the basis for the smooth functioning of the country as a whole.”
“Further, Section 41 of the Judicature Act which has clearly set out the right of representation, and, has further shed light on the above mechanism established for implementing the administration of justice in the country.
“Under Sri Lankan law, the right to legal representation is recognized and protected. This means that individuals have the right to be represented by a lawyer or other legal professional when facing legal proceedings. Our constitution specifically guarantees the right to legal representation in Article 13(3), which states that every person has the right to a fair trial and the right to be represented by a lawyer of their choice.
“In addition, the Code of Criminal Procedure provides for the right to legal representation in criminal cases. Section 260 of the Code states that an accused person has the right to be represented by an Attorney-at-law, and every aggrieved party shall have the right to be represented in Court by an Attorney-at-law.
“Similarly, the Civil Procedure Code also provides for the right to legal representation in civil cases. Specifically, Section 24 of the Code allows parties to be represented by lawyers or other authorized representatives in court.
Overall, Sri Lankan law recognizes and protects the right to legal representation, both in criminal as well as civil cases. Therefore, the Bar Association of Sri Lanka strongly demands that the authorities ensure that Pieris’ professional duties as an Attorney-at-law, are not hindered and, ensure his safety.”
