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Independent legal profession a must for Judicial administration to thrive: Act. CJ
The Legal profession must remain independent and must act fearlessly for judicial administration to continue to thrive and be ever vigilant, enabling the judiciary to discharge its obligations to the citizenry in the manner expected of it, so that the rule of law may prevails and democracy is sustained, Acting Chief Justice Chandra Ekanayake said.
Attorney General Yuwanjana Wanasundera (left) inducting the new BASL Chief Geoffrey Alagaratnam
Addressing the 41st Convocation of the Bar Association of Sri Lanka (BASL) yesterday (28) at the Cinnamon Grand, Colombo, where Geoffrey Alagaratnam P.C. was inducted as its President, Justice Ekanayake said members of the Legal profession have to bear in mind that the system does not exist for them, but that they exist for the system.
“They have to be more accommodating of the needs of the changing times. Every quarter must remember that respect cannot be demanded but must necessarily be commanded,” she said.
Justice Ekanayake said that of the essential safeguards of the liberty of the individual is the presence of a strong and fearless Bar, which will speak out intrepidly, regardless of the consequences to themselves.
“The Supreme Court has been burdened with numerous appeals emanating from the Civil Appeal High Courts. As a practical result of this, the time and resources of the Court to hear and determine the various matters before it has become a matter of considerable concern. These are matters that I have no doubt, will have to be addressed effectively by both the Bench and the Bar, acting in tandem,” the ACJ said.
Addressing the gathering, Mr. Alagaratnam said the Bar has constantly raised concerns over ensuring transparent and rational mechanisms towards the protection of all judges irrespective of rank.
He said the Bar was also concerned when judges were overlooked for promotions by considerations other than seniority and merit.
“With no intention of derogating from the ability of any person, we also believe that the Superior courts will be richer through a healthy balance or mix of persons from career Judges and the official and unofficial Bar with perhaps a slight tilt in numbers towards career Judges,” he said.
The BASL President elect said the Bar is concerned when sitting Judges, especially of the Supreme Court, are appointed to tribunals or commissions inquiring into matters domestic or internal to our country.
Commenting on the number joining the profession each year, Mr Alagaratnam said, “The wholehearted cooperation of seniors of the Bar is also vital to assist and guide our junior colleagues in their formative years in the profession, not only to learn the ropes, but to set them in the right direction. This could be through mentoring, if they cannot be accommodated for a full time chamber practice with a senior, due to the numbers passing out being large and so few seniors around or able to accommodate them.” Professor Emeritus of Law, Savitri Goonasekare was the Guest of Honour. The BASL Law Journal that was launched was dedicated to the eminent jurist, the late Deshamanya R.K.W. Goonesekere.