Outgoing president of the Bar Association of Sri Lanka (BASL) Saliya Pieris says he represents any client to safeguard a citizen’s right to life.
He was giving a special statement to VoiceTube social media channel on his last day as the head of the BASL.
The president’s counsel said he appears on behalf of the underworld figure Nadun Chinthaka alias ‘Harak Kata’ to prevent his murder while in the custody of the police.
He recalled how, as a lawyer, he represented the suspects in the Nalanda Ellawala murder and the armed forces members accused over the Chemmani mass grave.
The intimidations he is experiencing will not be a hindrance to his work, said the senior lawyer.
Deaths of persons in police detention not only disrupt investigations, but also protects the bigwigs in the criminal networks, he pointed out.
He also refuted an allegation by a certain YouTube channel that he charged very high fees from his clients.
BASL requests IGP to ensure Saliya’s safety
Meanwhile, the BASL has written to the IGP asking the police to take necessary action to ensure the safety of its outgoing president Saliya Pieris.
The letter sent by Anura Meddegoda, BASL deputy president and Isuru Balapatabendi, BASL secretary, says,
“We write with reference to an organised protest outside the chamber of Saliya Pieris, President of the Bar Association of Sri Lanka.
We have been made aware the said protest relates to Pieris conducting his professional duties with regard to a particular client. We are of the view that the said protest seriously hinders his right to represent a client, a professional right which has been safeguarded by law.
In the case of Wijesundara Mudiyanselage Naveen Nayantha Bandara Wijesundara v 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 civilised 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 organised 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. It is as follows; Section 41 of the Judicature Act (Right of Representation) (1) Every attorney-at-law shall be entitled to assist and advise clients and to appear, plead or act in every court or other institution established by law for the administration of justice and every person who is a party to or has or claims to have the right to be heard in any proceeding in any such court or other such institution shall be entitled to be represented by an attorney-at-law.
(2) Every person who is a party to any proceeding before any person or tribunal exercising quasi-judicial powers and every person who has or claims to have the right to be heard before any such person or tribunal shall unless otherwise
Therefore, we strongly demand that you take action to ensure that Mr. Peiris’s professional duties as an attorney-at-law are not hindered and to ensure his safety.”
