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Laws’ delays and the scourge of justice denied
Measures that could be taken to address the frustrating delays in the country’s legal system figured prominently during the ceremonial sitting of the Supreme Court (SC) this week to welcome three new judges to the SC; namely Justices Preethi Padman Surasena, S Thurairaja and Gamini Rohan Amarasekara.
Addressing the gathering, Justice Surasena emphasised that, automating the country’s administration of justice systems is an essential requirement to upgrade the quality of administering justice.
Justice Surasena noted that most countries which deliver quality justice have automated their justice administration systems. If the same was done in Sri Lanka, it would, “in all probability, be capable of putting a full stop to the persisting problems of Laws’ Delays in this country,” he remarked.
Justice Surasena, who was President of the Court of Appeal (CoA), prior to his elevation to the SC, pointed out that, with the blessings and support of the Bar Association of Sri Lanka (BASL), the CoA has already taken some steps in this direction. He observed that his experience has convinced him that all stakeholders are prepared to support such a move. “Indeed, it is encouraging to observe that no one opposed it. As I was involved in that process, I am aware that the Government is also very much interested in any project leading to automation of Courts in this country, and will make available all resources at its disposal, if we can take the lead,” he added.
If the CoA had been successful in disposing of a considerable number of cases, during the one year period he was its President, that credit should go to the Judges of the CoA, members of both the official and unofficial Bar and the staff of the Registry of the CoA, Justice Surasena emphasised, taking the opportunity to extend his gratitude to all of them.
In his speech, Justice S Thurairaja pointed out that many programmes on case management have been held, but said it was time to pose the question as to how many case management techniques have been formally implemented in the Superior Courts.
“From the Courts’ perspective, if we truly believe that Counsel are equal partners in the administration of justice, then we should be mindful of the time of such Counsel. The Bar too should be mindful – how often is it that applications are made that a Counsel is held up in another division of the SC. What motive can be ascribed to Counsel who undertake to appear for different clients in different courts at the same time, knowing very well that it is humanly impossible to take all of those matters up? We, the Bench and the Bar, need a moment of introspection to ascertain whether such practice is in accord with our obligations to the profession,” he stressed.
He opined that such issues can be resolved by allocating specific time slots for cases.
Justice Thurairaja noted that, it was critically important for both lawyers and judges to evolve in keeping with the times. “The law is notoriously slow to react to changing circumstances, but that does not mean that lawyers and judges should be slow to react. Resistance to change will, at best, make the judiciary largely irrelevant or, more likely, an impediment to achieving justice,” he remarked.
“Every time the legal fraternity stands upright and protects the rule of law, this country prevails. If not, this country is doomed,” said Justice Gamini Rohan Amarasekara. He made a request to those in the legal fraternity to do their duty by the people, for the people and be defenders of their rights.
“While there may be many organisations that voice, or struggle for, the rights of the people, one must remember that it is only judges and lawyers who can protect and defend the rights of the people,” he pointed out. “Therefore, all of us belonging to the legal fraternity must not see our profession as a mere livelyhood, but a mission entrusted to protect human dignity.”
Justice Amarasekara, a career Judge for 30 years, before being elevated to the SC, thanked all those involved in the selection process for giving a career judge a place in the apex court.
“Selecting a career judge to the apex court is an honour to all career judges, as it is a recognition of the contribution made by them to society. It also recognises the need of the presence of the experience gained in the lower courts, at the apex level, when adjudicating justice,” he pointed out.
Justice Amarasekara said he likes to encourage constructive criticism of his judgements. “When a judge is in the lower courts, superior courts are there to critically analyse, to show pros and cons of his judgments, but when one reaches the apex court, he does not get that opportunity,” he pointed out. “On the other hand, constructive criticism will help to develop law and its uniformity,” he further stated.
In welcoming the three judges to the SC, Attorney General (AG) Jayantha Jayasuriya PC stated that, “When one looks into the individual careers of each judge, one sees three gentlemen who have come along three different paths, yet, who are now coming together and bringing in a blend of competency and skills that will enhance and enrich the overall quality and value of the highest court.”
He praised the academic and professional achievements of all three judges, and noted that what matters now is not the identity of the institution in which the judges commenced their respective careers or, the pathway chosen by them to reach this destination. It is the manner in which they would endeavour to dispense justice in the apex court of the country that matters most henceforth.
The AG stressed that “impartiality” is a universally accepted inalienable characteristic of a tribunal. “Presence of such an invaluable virtue in a judge is essential to successful dispensation of justice and to protect the rule of law,” he commented.
“My lords, therefore, a duty is cast on States to have in place, mechanisms to protect judges from any kind of outside influence, while a parallel duty and an obligation is cast on judges to ensure they would not succumb to outside pressures, compromising their judicial impartiality,” he added.
“The legal profession is heading to a new era, where the challenges lying before young lawyers are growing colossally by the day, said BASL President U R De Silva PC. “If the young lawyers entering the profession in enormous numbers each year, are not mentored and guided from the inception they will go out of control, compromising the longstanding traditions of the legal profession,” he warned.
He revealed that the BASL has already taken steps to restrict entry into the profession. “The draft proposal in that regard has already been submitted to the Incorporated Council of Legal Education and His Lordship the Chief Justice. We await the implementation of the propositions therein. So, I would like to invite your lordships to look into this as a matter of urgency,” Mr De Silva further said.