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New CJ pledges to act sans political bias, favouritism or personal agenda
View(s):New Chief Justice (CJ) H.N.J. Perera, who took office last week, pledged to act without political bias, favouritism or a personal agenda, during his tenure.
“My ambition has always been to be diligent in the execution of my services in this field, with sensitivity towards the plight of the poorest and weakest in society,” he said, while speaking at the ceremonial sitting to welcome him as the 46th CJ of Sri Lanka.
CJ Perera
The new CJ said he appreciates the magnitude of the responsibility of the office before him and pledged to uphold and maintain the trust the public has bestowed on the judiciary. “I am painfully aware that we live in a society that is increasingly losing confidence in the ability to uphold justice. The increasing depravity of human values and practices has had its impact on the trust that people in a country may place on the judicial system itself. We live in a world where people, almost by default, expect those in power to misuse the same. We are taken by surprise if those in power actually, make true their promises,” he said.
He said, “Judges, therefore, may do well to realise and remember the seriousness of their vocation, even before God. It is indeed when truth alone triumphs in courts that we can expect people to have faith in the judicial system.” He said that he will be responsible and committed to uphold the integrity of the Bar officers and take action to ensure the justice system remains unpolluted. He called on the Legal officers to be devoted to their duty and assist the court in arriving at the truth, to dispense justice.
He maintained that an independent judiciary is important for an independent and fearless Bar in a country. “I assure you that I will always be available as the CJ of this country, to give you a patient and fair hearing and to find a just solution to your grievances.”
“It is disheartening to note that there is a growing tendency among certain practising lawyers to malign the reputation of judicial officers, whenever they fail to secure their desired outcomes through a judgment given. It must be noted that a Lawyer or Counsel should never act in contempt of court through unacceptable language or by intimidation of Judges. “In such an event, a Lawyer has no wider protection than a layman and must be made to face the legal consequences of the path he or she has taken, by way of disciplinary action.”
“Your main responsibility is to preserve and safeguard the independence of the judiciary of the country. Therefore, you are obliged to give your wholehearted support and assistance to the Judges of this country, especially to the Judges of the minor judiciary, to carry out their duties in a pleasant atmosphere.”
He noted that Article 105(3) of the Constitution arms the Supreme Court with wide and special powers to punish contempt of it. He drew on the cardinal principle of maintaining the dignity of courts by following the Rule of Law in a democratic setting. He called on the citizenry to denounce corruption, no matter where it happens.
Attorney General (AG) Jayantha Jayasuriya speaking on the occasion, said the position of CJ entails an enormous task that requires courage and strength to face the challenges the profession entails. He recalled the sentiments expressed two years ago when welcoming Justice Nalin Perera to the apex Court.
“Do we need more rules to give effect to them, or would not a change in our conduct and attitudes bring in desired results? Are we currently shying away from bringing in changes to the system by shielding behind the fact that we own a rich system within the framework of an “Adversarial System”? Should the players in such a system enjoy unrestricted and un-regulated freedom in the manner in which each party presents their own case? Opportunities to identify and focus on relevant and pertinent issues at pre-trail stages, and to reach agreements on the nature of evidence that will be presented, and the time frames within which such evidence will be presented are areas where practices can be inculcated in the existing system, even by way of rules, regulations or legislation. Sharing experiences with the systems rich with such mechanisms will, no doubt, pave way to think afresh and consider necessary changes. Such a process will, in no doubt, provide opportunities to enhance the efficiency and efficacy of the existing system.”
Bar Association of Sri Lanka (BASL) President U.R. De Silva speaking on the occasion, said the judiciary is the guardian of the Constitution and has the responsibility to safeguard the rights of the people. He called on the government to promote Laws that would give effect to judgments passed in courts.