This is an incident you might expect to see only in a movie. But it actually happened in our country.
To ensure that justice was not diluted, the doors of a court were ordered to be opened and knocked upon on a holiday, many years later.
For the young lawyer, Nathifa Abbas, March 28th began as a perfectly ordinary day.
She was deeply engrossed in handling the day’s cases at the Puttalam District Court when a piece of shocking news reached her ears. The news was that her fellow lawyer, Priyangika Udayangani, had been detained at the Puttalam High Court to be sent to prison.
A stunned Nathifa rushed to the Puttalam High Court to learn the details.
The origin of this conflict dates back to August of last year. At that time, High Court Judge “Navi Aparna” had been dissatisfied with Lawyer Priyangika’s conduct in a case.
When the same case was taken up again in early March this year, the judge had raised several allegations against the lawyer, referencing the previous incidents.
Subsequently, on March 28th, Judge Navi Aparna had filed a case of contempt of court against Lawyer Priyangika on two charges:
- That “due respect was not shown to the judge.”
- That “upon entering the courtroom on the said day, she did not bow her head.”
Based on this, Priyangika was arrested. The judge had ordered that bail be set at a condition of a property deed worth Rs. 2.5 million, along with two personal sureties.
Fulfilling such a condition within the court’s operating hours that day was practically impossible.
This meant that, since it was a Friday and the following Monday was a holiday, Priyangka would have to spend at least the next four nights in prison.
At the High Court, upon understanding the situation, Lawyer Nathifa sought the help of the Puttalam Bar Association. Unfortunately, the Association refused to take a stand in this matter. They knew full well that any action perceived as challenging the High Court judge could adversely affect the future cases they would face before her.
Everyone present, including the Sinhala lawyers, only expressed their sympathy to Priyangika before leaving; no one came forward to argue on her behalf. Their self-interest had completely paralyzed their three senses.
Time was moving fast. Nathiha had to make a choice very quickly between two options: to protect her own interests and remain silent like everyone else, or to fight for justice.
Nathifa, who had stayed up late the previous night for the holy 27th night of Ramadan worship, was fasting. Having not consumed a single drop of water all day, she was physically exhausted when a divine verse resonated firmly in her ears:
“O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives.”
While many men hid like cats, Nathiha stood tall alone and began to argue before the judge.
“Your Honour, the respondent in this case is a lawyer who has practiced for many years in this very court. Therefore, she has no means of avoiding the trial. Furthermore, there is no possibility of immediately fulfilling the bail conditions you have stated. Therefore, you must either relax one of the bail conditions or grant time to fulfill them.”
Such a reasonable argument is usually accepted by courts. But Judge Aparna rejected it with a single sentence and ordered that Lawyer Priyangika be taken to prison. She also issued an additional order to the prison officers that no concessions whatsoever were to be granted to Priyangika.
The judge’s intention was very clear. Everyone watched with concern as Lawyer Priyangika was taken away in the prison vehicle.
But Nathiha was not ready to give up. She prepared a written report of the incident and publicized the injustice on social media. In it, she also stated that she felt justice had been misused.
It requires immense courage to express such a view in writing regarding a High Court judge’s order; even small missteps could end her legal career.
But for Nathiha, her only concern was to “…stand firm in justice…”
The Bar Association headquarters, informed by Nathiha, decided to challenge the ruling in the Court of Appeal. But there was a practical problem: Monday was a court holiday.
Justice delayed is justice denied.
Understanding the urgency, the Bar Association made a rare request: that the Court of Appeal be opened on Monday—a public holiday—to hear this case urgently. The request included a warning that delaying this case would have a severe impact on the administration of justice in the country.
The result?
In a historic event, the Court of Appeal opened its doors for justice, disregarding the holiday.
On Monday, despite it being Eid for the President of the Court of Appeal, Judge Muhammad Labar, he came to court with Judge Fernando. With a single phone call, the Attorney General’s Department had also sent its representatives there.
The Court of Appeal, after hearing the submissions, not only issued an immediate order for Priyangika’s release but also ordered the relevant parties, including Puttalam High Court Judge Navi Aparna, to appear before the Court of Appeal at the end of April for further hearings.
Following the court order, Bar Association President Rajeev rushed to Welikada Prison and personally put an end to Priyangika’s unjust imprisonment.
This case is a landmark event in Sri Lankan legal history.
This incident stands as a testament that no matter how dire the situation, justice will prevail when courageous individuals stand firm.
At the heart of it all, Lawyer Nathifa Abbas shines. She had chosen the voice of justice over the silence of self-interest.
In the end, one phrase alone resonated powerfully:
“Stand firm in justice.