Gampaha Magistrate Bandula Gunaratne has been transferred to the Judges’ Training Institute with immediate effect, after asking for contempt of court proceedings against the Inspector General of Police (IGP) over an alleged breach of a court order.
The transfer was ordered by Judicial Service Commission (JSC) Secretary Prasanna Alwis. The order was issued shortly after the Magistrate submitted his observations to the Commission.
The Magistrate had asked the President of the Court of Appeal to begin contempt proceedings against the IGP. He alleged that the IGP had failed to comply with a court order and had brought the judiciary into disrepute.
The order in question had directed the IGP to issue a circular instructing police officers not to bring frivolous legal proceedings against innocent members of the public. The Magistrate sought legal action after the circular was allegedly not issued.
The IGP separately lodged a complaint against Magistrate Gunaratne with the JSC. The Commission then called for the Magistrate’s observations. The transfer order followed his reply.
Background
The Judicial Service Commission is the body responsible for the appointment, transfer and discipline of judges of the lower courts, including magistrates. A transfer to the Judges’ Training Institute moves a judge from a court bench to the institute that trains judicial officers.
Contempt of court covers conduct that disobeys or undermines a court’s authority, including failing to comply with its orders. A magistrate who believes an order has been ignored may refer the matter to a higher court, as Magistrate Gunaratne did by writing to the President of the Court of Appeal.
A complaint to the JSC about a judge is handled through the Commission’s own procedure, which includes asking the judge for observations before a decision is taken. That is the step reported in this case.
What it means
The case puts two questions before the public. One is whether police must follow directions given by a magistrate, such as a direction to issue a circular on frivolous cases. The other is how a judge can raise an alleged breach of an order through the proper channels.
For people who deal with the police and the lower courts, the order about frivolous proceedings was meant to protect members of the public from unfounded cases. The reports available do not say whether the contempt request has been decided, and the JSC and the IGP have not been reported as commenting on the transfer.