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State attorneys, judicial officers must not succumb to external pressures: AG
Attorney General (AG) Y.J.W. Wijayatilake P.C. said that law officers of the State and Judicial Officers must remain resolute and strong in the face of criticism.
Justice Devika De Livera Tennekoon
“As we live in an era where the media and some segments of the public are quick to criticise judicial and quasi-judicial decisions, even when there is no basis for criticism, we law officers of the State and Judicial Officers must remain resolute and strong,” said Mr Wijayatilake at the ceremonial sitting held to welcome Justice Devika De Livera Tennekoon to the Court of Appeal.
He noted that the appointment of Justice Tennekoon was special, as much as it is a moment of personal success.
The citizens of this country consider it equally as an achievement for the public, as it is the first judicial appointment by the Constitutional Council (CC) established under the 19th Amendment to the Constitution.
“Considering the difficult journey that the establishment of the CC has faced within Sri Lanka’s challenging political history, especially the short-lived and stalemate experience of the 17th Amendment to the Constitution and its consequent removal by the 18th Amendment, today is the beginning of a journey,” he said.
He added that events in the recent past demonstrate that pressures to change sound decisions can come in insidious forms, sometimes as demands for independence, when in actual fact, any change in the decisions already made would result in exactly the opposite.
“I need not remind Your Ladyship as a career judge, that prosecutions and convictions rest ultimately on evidence and proof. Therefore, we must not succumb to any pressure coming from any direction to disregard these fundamental legal principles in our respective roles in the justice administration system of this country.”
The AG added that, if the Bench and the Bar work together and support each other, the Independence of the Judiciary and the Rule of Law in this country will not be compromised.
Justice Devika De Livera Tennekoon in her address, spoke on the perennial problem of laws’ delays confronted by the litigants, saying it is now considered the main blot in the administration of Justice in this island home of ours.
“The severe backlog of cases which disfigure the lists of both the trial courts and the Court of Appeal should not be ignored.
Both the Bench and the Bar must do what is possible within the framework of the provisions of law to eliminate or, at least minimise the inordinate delays which cause untold hardship and misery to those who appear before our Courts.
Laws’ delays cause the litigants to lose faith in the Judicial system, which in turn makes room for anarchy,” she said.
“It must also be mentioned that, in the same way that delays may amount to denial of justice, the speedy disposal of cases may too, result in injustice.
Therefore, we should be extremely cautious in our endeavours in the disposal of cases, to act with restraint and proper understanding at all times,” Justice Tennekoon added.
On a personal note, she said she is not accustomed to the staid and solemn atmosphere of these Superior Courts. “I am more used to the rough and tumble of the original courts. In the original courts we deal more with facts and basic principles of the law.”
“As I am a creature of the original courts, I bring with me the learning and experience acquired in those courts. Thirty-two years in the original courts has taught me what justice means to the litigants, and what havoc injustice can cause in their lives.
The Sri Lanka Legal System is an adversarial one, in which advocates opposed in view present their case to an impartial judge. What is important in such a system is that the judge remains impartial, free from bias and irrelevant considerations,” she added.