Monday 2 October 2023

Resignation of Mullaitivu District Judge

New information has emerged

Communique reveals AG met Saravanaraja at latter’s request
Monday, 2 October 2023 
New information has emerged indicating that the meeting on 21 September involving Attorney General Sanjay Rajaratnam and the former Mullaitivu district judge T. Saravanaraja, took place at the judge's request to the Judicial Services Commission, seeking the Attorney General's assistance in two upcoming cases against him.

Following his resignation and self-exile Saravanaraja had publicly claimed that the Attorney General had ‘summoned’ him and attempted to pressure him during the meeting to reverse orders he had issued relating to the Kurunthamalai case.

This statement sparked public outrage directed towards the Attorney General, with many highlighting that he lacked the authority to ‘summon’ a judge.

However, in a communique seen by the Daily FT, it appears Secretary of the Judicial Services Commission H.S Somaratne had written to the Attorney General on 15 September requesting the latter to undertake the defence on behalf of Saravanaraja who has been named as the first respondent in two cases before the Court of Appeal concerning the controversial Kurunthamalai case. 

Sources from the Attorney General’s Department maintain that Rajaratnam had merely held a consultation with Saravanaraja on the day to discuss the strategy for the defence proceedings relating to the cases which are scheduled to be taken up on 11 October before the Court of Appeal. 

BASL to meet CJ about allegations


TM 02 Oct 2023 | BY Buddhika Samaraweera

Will hand over letters to IGP and Public Sec. Min. seeking inquiry: Nawaratna


The Bar Association of Sri Lanka (BASL) is to reach out to Chief Justice, President's Counsel (PC) Jayantha Jayasuriya, Public Security Minister Tiran Alles, and Inspector General of Police (IGP) Chandana D. Wickramaratne today (2 October) regarding the allegations that surround the resignation of Mullaitivu District Judge and Magistrate T. Saravanarajah, and to seek a transparent investigation into the incident, The Daily Morning learns.

In a letter dated 23 September addressed to the Judicial Services Commission (JSC), Saravanarajah had tendered his resignation from a range of posts that he had held – viz. the posts of district judge, magistrate, family court judge, primary court judge, small claims court judge, and juvenile court judge – the letter read, due to threats to his life and mental stress.

Speaking to The Daily Morning yesterday (1 October), BASL President attorney Kaushalya Nawaratna said that they had been given an appointment at 9.30 a.m. today to meet Jayasuriya to discuss the matter. In addition, he said that they would hand over letters to Alles and Wickramaratne, seeking a thorough investigation into the factors that led to the Magistrate’s resignation, and for a report to be submitted to the public as quickly as possible.

"We have got to look into these actions in the background where the Judge/Magistrate had alleged that his life was under threat, and there are so many news items, especially on social media platforms, that the state intelligence services were keeping surveillance on him. There is also an allegation that his security was reduced. All these matters are of extreme importance as far as the entire legal fraternity is concerned. We want to have these allegations verified. In case they are proven to be true, it is of a serious nature with regard to the independence of the judiciary and the rule of law," he added.

Minister of Justice, Prison Affairs and Constitutional Reforms Dr. Wijeyadasa Rajapakshe PC and Minister of Public Security Tiran Alles were not available for comment.

Reports circulating on social media and online platforms read that Saravanarajah had resigned and left the country, and that he had received death threats in connection with the lawsuit pertaining to the Kurundimale Vihara (Kurundi Temple) in Mullaitivu.

Following his resignation, President Ranil Wickremesinghe had directed President's Secretary Saman Ekanayake to launch an immediate and comprehensive investigation into the matter. The directive is said to have stemmed from the fact that the Judge/Magistrate had, it is reported, resigned without formally informing the Police or the JSC about the alleged death threats that he had received.


The Hindu September 29, 2023 - COLOMBO Meera Srinivasan

Spotlight on independence of judiciary in Sri Lanka after Mullaitivu judge resigns 


Mullaitivu District Judge T. Saravanaraja had written to the Secretary of Sri Lanka’s Judicial Services Commission, on his decision to resign owing to ‘threat of my life and due to lot of stress’

A district judge from Mullaitivu in Sri Lanka’s Northern Province has resigned and fled the country citing threats to his life, Tamil media in Sri Lanka reported on September 29.

In a letter that several publications reproduced in their news reports, Mullaitivu District Judge T. Saravanaraja — who recently ruled on two cases pertaining to a religious site in Kurunthurmalai and a remembrance event to commemorate LTTE member Thileepan — had written to the Secretary of Sri Lanka’s Judicial Services Commission last week, on his decision to resign owing to “threat of my life and due to lot of stress”.


CID inquiry into resignation of Mullaitivu District Judge

News Wire October 2, 2023 

Minister of Public Security Tiran Alles has issued a directive for a comprehensive investigation into the events that led to the resignation of Mullaitivu District Judge T. Saravanarajah.

According to reports, Minister Tiran Alles has issued instructions to the Criminal Investigations Department (CID) to conduct a comprehensive probe into the resignation of the Judge and his departure from the country. 

In a letter addressed to the Judicial Services Commission, dated September 23, 2023, Mullaitivu District Judge T. Saravanarajah informed his decision to step down from the post of District Judge, Magistrate, Family Court Judge, Primary Court Judge, Small Claims Court Judge, and Juvenile Court Judge.

The Mullaitivu District Judge further stated in his letter, that the decision has been taken due to threats to his life and stress, hinting at the Kurunthur Malai case. 

In June 2022, the Mullaitivu District Judge had issued an order prohibiting any form of construction at Kurunthur Malai, an ancient hindu temple. 

However, Justice Saravanarajah is reported to have left Sri Lanka after handing in his resignation in which he had cited threats to his life and undue pressure from state authorities over his ruling pertaining to the Kurunthur Malai case. 

Following his resignation, several law associations in Sri Lanka had called on the state authorities to conduct an inquiry into the allegations, while pointing out the threat to the state’s judiciary. (NewsWire) 


Mullaitivu judge resigns citing death threats

The Island LK 2023/10/1 By Saman Indrajith


President Ranil Wickremesinghe, who was in Berlin on Friday issued directives to his secretary, Saman Ekanayake, for an immediate and comprehensive investigation into the abrupt resignation of Mullaitivu District Judge and Magistrate, T. Saravanarajah, who presided over the controversial Kurundimale Viharaya case. The judge cited receiving death threats as the reason for his resignation, sources of the President’s office said.

The President’s decision to order an investigation stemmed from the fact that the Judge resigned without formally informing the police or the Judicial Service Commission about the alleged death threats against him, according to sources.

In a letter dated September 23, 2023, addressed to the Judicial Services Commission, Saravanarajah conveyed his decision to step down from various judicial roles, including District Judge, Magistrate, Family Court Judge, Primary Court Judge, Small Claims Court Judge, and Juvenile Court Judge.

Reports circulating on social media and online platforms suggested that he had left the country for India. In these reports, he allegedly informed web journalists that he had received death threats in connection with the Kurundimale Viharaya case.

President’s Secretary Saman Ekanayake held discussions regarding the incident with Minister of Justice Wijayadasa Rajapaksa and Minister of Public Security, Tiran Alas. It was revealed during these discussions that the magistrate had not lodged any formal complaint about the alleged death threats prior to his resignation.

The magistrate left the country on September 24 and sent his resignation letter to the Judicial Service Commission the preceding day (Sept. 23).State intelligence agencies have apprised the President’s office of the magistrate’s purported close associations with officials from several foreign embassies.


COURTS & LAW

Resignation of Mullaitivu Judge T. Saravanarajah: A Telling Tale of Threats and Independence of Judiciary


BNN By Muhammad Jawad

Distinguished Judge T. Saravanarajah Resigns Amid Grave Threats

In an unexpected twist to the judicial landscape, venerated District Judge and Magistrate, T. Saravanarajah has vacated his spectrum of duties by handing in his resignation, tearing a significant hole in the judiciary fabric.

The Prompting Catalyst

Cited in his resignation letter, delivered to the Secretary of the Judicial Services Commission on 23rd September, Saravanarajah informed of his decision to step down from the manifold judicial positions he held,most notably being a District Judge and Magistrate. In addition, his resignation spanned across his commands as Family Court Judge, Primary Court Judge, Small Claims Judge and Juvenile Court Judge.

Death Threats – A Chilling Consequence

In a startling revelation—the catalyst propelling this decision—Sarvanarajah attributed the series of death threats he received as the reason for his abrupt departure. Not just an attack on personal security, these threats constitute a breach of the sanctity and impartiality of the judicial system, more potent for the timing coinciding with his handling of few notably sensitive and disputable cases.

Destabilizing The Balance

A seasoned jurist, Judge Saravanarajah’s exodus from the judiciary has implications reaching far deeper than personal safety. The endangerment of a key cog in the judicial apparatus threatens to destabilize the balance of the justice delivery system. His departure leaves a palpable void—the absence of an honest and integral judicial officer—barely replaceable overnight.

Investigating the Threats

In response to this alarming incident, it is crucial for authorities to unremittingly pursue these threats and ensure the culprits face just repercussions. Sweeping such incidents under the rug adds fuel to an eventual tire fire, jeopardizing the entire judicial system and its functionaries who dedicate themselves to maintain law and order.

Migrating for Safety

In the wake of these damning threats, Saravanarajah finds himself beyond national borders, having flown abroad post the submission of his resignation. While this move might provide temporary safety, it starkly underscores a stark issue—the fact even upholders of justice are susceptible to intimidation, raising stark questions on the overall security situation in the country.


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