Taking law into own hands no solution: CJ

By L.B.Senaratne

Chief Justice Sarath N.Silva said there were times when he was severely criticized by the media, but that did not mean he should retaliate but should take such criticism in the correct spirit. He said if the law is taken into one’s hand, then there would be retaliation ending in fisticuffs. The Chief Justice made these remarks when the chief organizer of a function at the Kandy Courts Complex said that the Chief Justice was a friend of the press.

The Chief Justice’s remarks came after he inaugurated the electronic recording of cases in four District Courts whereby the court records of proceedings could be seen on the same day. Speaking further the Chief Justice said that if there were any shortcomings, even in a judgment from courts, they should be pointed out.He said there have been a number of judgments on parking of vehicles, road barriers and the use of loudspeakers. He said that if any judgment was wrong, then the matter could be placed in open courts and the aggrieved would be heard and given relief. He said that this is the way to iron out differences and this should be the way human beings should behave.

Chief Justice Sarath Silva said when one goes against the normal forms of adjudication, then problems arise and if one takes the law into ones own hands, then most people believe that some injustice had been done. He said that the present situation in the country is also the same where the Tamils have a complaint that some injustice had been done to them.

The Chief Justice said that if one takes it upon oneself to solve the problem then it could become worse and may place oneself in a bigger difficulty. In this type of situation, he said, the person with the complaint could go before Courts and say an injustice had been done by an institution. There have been instances where certain employees had gone to courts claiming an injustice had been done by a media institution, he said.

He said that in these instances, their grievances were looked into and solutions found. He said that even the problems of the President have been brought before courts and relief granted and accepted. The Chief Justice said a number of persons including foreigners have said that the Kandy Courts Complex was beautiful.

He said not only was the Complex beautiful but all the judges seated on the rostrum were also acting with decorum and going about their duties in the traditions of the profession. He went on to discuss the matter of offices for the legal fraternity in Kandy and said he discussed the matter with the former president of the Kandy Bar.

The Chief Justice said offices for the legal fraternity were an urgent need while they would also benefit the litigants. He said he would like to see the office block come up during 2008 and added that if he had laid the foundation stone, by this time the office complex would have been built by now.

High Court Judge D.S.C.Lekamwasam said that District Judge Bandula Karunaratne had taken the initiative to have the electronic recording system - a World Bank undertaking - installed. He said that with the new innovations, the justice system would be made easier for lawyers and litigants. He said this modern technology would be developed further. Judge Lekamwasam said that in Korea, which he visited recently, anyone who needs to obtain information, could go to a counter in the Courts Complex, type out his needs on a computer and obtain the information required.

Kandy Bar president attorney Lionel Ekanayake delivered the vote of thanks. Judges of the Kandy Bench and judges of the adjoining areas were also present. Mrs. Silva accompanied the Chief Justice.