News
Impact of modern communications should be taken into account: Justice Karunarathna
View(s):
Appeal Court Judge Nishshanka Bandula Karunarathna
Newly appointed Court of Appeal Judge Nishshanka Bandula Karunarathna on Friday, said, the impact of advances of modern communications and social media, on peoples’ lives should be taken into account.
“It’s now regarded as a potent instrument of change. At the same time, these improvements in technology have enabled the judiciary to communicate speedily, providing complete and accurate information, affording an opportunity to enlighten the public,” Justice Karunarathna said at a ceremonial sitting to welcome him.
Excerpts from his address:
“On this remarkable occasion, I would like to reflect on with appreciation and humility, my career in the judiciary since November 1988, spanning nearly 31 years, holding a variety of positions to date. In retrospect, this path in my career has not been paved with roses, but with determination, stoicism and tolerance. I succeeded in overcoming the stumbling blocks that stood in the way. I regard it as my duty to extend my sincere gratitude to all those who lent me a helping hand during this long journey.
“Although I didn’t receive most things in life on a platter, the sweat, tears and toil together has granted me the opportunity to celebrate my achievement. It brings me and my family much relief and a sense of pride, when I ponder and recall that I have done my utmost to dispense justice to the best of my ability.
“The Judiciary often comes in for public criticism today, as ethical values and the general public’s perceptions might conflict with the decisions that the judges have been compelled to take, relying on rules, regulations and governance responsibilities, they necessarily need to adhere to. Unfortunately, such misunderstandings might erode the citizens’ faith and confidence in the judiciary.
“In this digital era, one should take into account the profound impact on every person’s life, brought upon by the advances of modern communications and primarily, the role played by social media, which together, has facilitated rapid dissemination of information globally, though these may often be flawed or distorted. It’s now regarded as a potent instrument of change. At the same time, these improvements in technology have enabled the judiciary to communicate speedily, providing complete and accurate information, affording an opportunity to enlighten the public. According to many studies, the attitudes of the general public vary, depending on the level of democracy attained by a country and the political awareness of its people.
“Nevertheless, judges consider maintaining public trust in the judiciary as pivotal, when considering the conduct of judicial officers, both inside and outside courts. It cannot sufficiently be emphasized that the acceptance of judicial decisions by citizens is crucial in sustaining peace and welfare of the people.
“Judges too, like any other category of professionals, are sensitive to the way they are regarded by the general public and their evaluation of judicial decisions. Sadly though, matters relating to judicial decisions are far more complicated and intricate, and frequently go beyond the scope of an ordinary layman’s comprehension.
“I would like to convey my deep appreciation and respect to all those, from different social strata, who sacrificed their time, energy and wealth to safeguard the sanctity of Law. I consider the strength bestowed on me by the Rule of Law as the most potent force. My conscience that pursues me like a shadow too, has never posed a problem to me.
“I pledge before the respected audience that I shall dedicate myself to ensure that justice reigns supreme in all matters. My sole intention is to help build a society of Law-abiding citizens, who appreciate the value and the indispensability of Rule of Law. I am much obliged and thankful to all of you who wish me well from the very depth of your heart, in order to aid me in realising this goal.
“I also wish to add that I have always brought to my mind, Lord Buddha’s words of wisdom, which constantly strengthened me in successfully encountering the challenges I faced in life, be it natural or external. It is my firm belief that Lord Buddha and Devas have protected me on all such occasions. Just like yesterday, I shall continue to place my faith in the power of Buddhism and divine intervention.”
Attorney General (AG) Jayantha Jayasuriya P.C. in his speech welcoming Justice Karunarathna said, “A judge has a duty to mould his own conduct but also, has the responsibility to control the unacceptable behaviour of persons who come under their direction and control, including the members of the Bar, and a failure to discharge such responsibility would not only erode public confidence on the overall system, but also the integrity of the judge himself.”
He said the experience of Justice Karunarathna, and his exposure to justice systems of foreign jurisdictions such as New Zealand, Republic of Zambia and Kenya brings in with him an immense wealth of knowledge and expertise in to our system.
“Your Lordship enjoyed diversified career opportunities, including Senior Legal Aid Counsel in the Ministry of Legal Affairs in Zambia and Principal Litigation Counsel in the Office of the AG in Kenya”, he said.
“This diversity reflects the depth of Your Lordship’s capacity and ability to take up any challenges in your professional career. Your Lordship’s interest in expanding the knowledge base and the ability to engage in an in-depth study was recognized by the University of Wales in the United Kingdom, by being conferred the Degree of Master of Laws in International Trade, in 2012,” he said.
He said the exposure of Justice Karunarathna in a number of International Academic Institutions such as Administrative Management Institute in London, Indian Judicial Academies in Chandigarh, Delhi and Bhopal, Malaysian Judicial and Training Institute, National University of Singapore, University of Hong Kong and University of Malaysia, would no doubt have further enhanced the ability to resolve complex issues that arise for adjudication before him.
Bar Association President U.R.de Silva in his address said, “On the subject of the Legal profession, as I have just mentioned it, if the young lawyers who are gushing into the profession each year are not streamlined from the inception, they will go out of control, compromising the longstanding traditions of the Legal profession. It is my considered view that both the Bench and the Bar shoulder equal obligation to this end. While the BASL must continually engage in providing the Continuous Legal Education, the Judicial members must not hesitate to discipline the budding lawyers whenever you notice their unbecoming behaviour.”
“I spent the last two years as the President of the BASL, striving to bridge the gap between the Bench and the Bar, which are no more than two pillars of strength heaving the roof of Justice, by organising 13 Provincial Law Conferences across the island. On my invitation, Judges of the Supreme Court, CoA and the First Instances along with the AG, sat at one table and endeavoured to cultivate in the minds of young lawyers the onerous duty they have taken upon themselves,” he said.