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Efficiency and efficacy in administration of Justice important for public confidence: CJ
View(s):In addition to the personal conduct of the judges, the efficiency and efficacy of the system of administration of justice is an important factor in fashioning public confidence, newly appointed Chief Justice (CJ) Jayantha Jayasuriya P.C. observed.
CJ Jayantha Jayasuriya P.C.
He made these remarks while addressing a ceremonial sitting held to welcome him at the Supreme Court on Wednesday (15).
Excerpts of his address:
“Examples or illustrations to demonstrate the adverse impact caused on a person’s life, due to ‘delayed justice’, are too numerous to discuss in detail on an occasion of this nature. Yet, it is timely for all of us as trustees, who are entrusted with responsibilities in different capacities within the Legal framework, whether one represents the Judiciary, the Official Bar or the Unofficial Bar, to think how best we could contribute to improve the existing system and enhance the quality of the final outcome provided to society. None of us can ignore the reality that, we are expected to hold all these positions in trust and play different roles, to the benefit of society.
“When we celebrate our personal gains and achievements within this system, it is also important to review our conduct and re-think as to how we could contribute towards the betterment of society, which is the legitimate beneficiary of all these mechanisms. A genuine effort, blended with a strong will of all stakeholders, including judges and members of the bar, will be the sole avenue that would pave way for a change. A change that would lead to the benefit of the real owners on this entire system – members of the society. It is necessary to examine current practices, procedures as well as rules, objectively, leaving aside personal interests of individuals or groups, and take decisions on how best we could improve the existing system. My firm belief is that a collective effort, with a strong commitment, will pave the way to achieve this goal. It is my desire to embark on this journey with the participation of all sectors.
“Maintaining Highest Standards of integrity in both their professional and personal lives is a ‘sine quo non’ of the qualities of a Judge. Their Knowledge of the Law, the ability to analyse Legal issues and to take decisions based on the context of different factual scenarios, deliver their decisions in a cogent and clear manner, are a few of the qualities Judges should be equipped with, for them to deliver justice to the great expectations of the litigants who come before them.
“Judges should be fair and open-minded, and should appear to be fair and open-minded. They should be good listeners but, should be able, when required, to ask questions that get to the heart of the issue, before the court. They should be courteous in the courtroom, but firm when it is necessary to rein in a rambling lawyer, a disrespectful litigant or an unruly spectator.”
Welcoming the new CJ, Attorney General Dappula De Livera P.C. pointed out that the CJ was assuming office at a time when the country has been plunged into a crisis of Law and Order.
“Your Lordship’s Court is faced with a formidable challenge to uphold Fundamental Human Rights and the Rule of Law. To strictly enforce and follow due process and the procedure established by Law. Arrest is a critical component of due process and the procedure established by Law. The Rule of Law must be upheld to bring every citizen equally before the Law. The weak and the poor and the marginalized should not feel weakened and discriminated by the powerful and wealthy.”
President of the Bar Association of Sri Lanka, Kalinga Indatissa P.C., appealed to the CJ to lead the way in enacting Legal reforms through the use of technology, and extended the Bar’s maximum support in this regard.
“During the last few decades, several Legal systems in the world have surged forward and have introduced Legal reforms, which are necessary to keep abreast with the changes that are taking place in view of the advancement of technology and many similar reasons. The Penal Code of Sri Lanka, the Civil Procedure Code, the Code of Criminal Procedure No.15 of 1979 and Evidence Ordinance are the 4 main items of Legislation that are used in our Courts, on a daily basis. The Bar is of the view that the Bench and the Bar should take a re-look at the provisions contained in these statutes. Especially, Laws dealing with Procedure and Evidence. Rules of Procedure and Rules of Evidence need reform in order to simplify the issues relating to these areas. If a collective effort is made, where both the Bench and the Bar are focused in taking the initiative of identifying uniformity of Procedure and simplified methodology relating to Procedure and Evidence, the issue of “Laws Delays” would be resolved in an effective way. Technology could be used to introduce filing of actions, the relevant pleadings and other documentation, in order to introduce the innovative changes which are necessary,” he pointed out.