News
Judges must be extra sensitive when resolving complex human issues: New CA Judge
New Appeal Court Judge Devika Sarojini Abeyratne on Friday, addressing the ceremonial sittings, said that a topic that is discussed often is Laws’ delays caused due to many reasons.
Devika Sarojini Abeyratne
“The delay in resolving matters swiftly has the most profound effect, in my opinion, when there are children involved. Custody disputes, matrimonial issues and matters relating to domestic abuse, be it physical or mental, are very sensitive human issues, which can affect a man or woman to the core of his or her being,” she noted.
Excerpts from her speech:
“In this era, when the opportunity is open to all alike to migrate, there have been many instances, where one parent, without the knowledge of the other, has taken the child out of the country. In such circumstances, the psychological harm that may befall the child, or the parent is complex, and delay in resolving such matters may be detrimental to the physical and mental well-being of the affected parties. We Judges should be at all times sensitive to resolving these very complex human issues at the earliest opportunity”.
Justice Abeyratne said for some it may seem that the judicial system had failed them especially when matters are not resolved speedily.
“What one cannot forget is how these issues will reflect on society at large,” she added.
She said although there is a mediation process in some matters, its positive effect has not been that visible.
“There have to be not only people who have the necessary academic qualifications, but committed officers who have received the necessary training, for fast and efficient resolution of disputes. It is my opinion, that Judges, especially in the minor judiciary can play a very important role in resolving such disputes speedily, within the framework of the law, and address these very human issues,” she said.
“I assure you that I will strive hard to achieve the judicial excellence that is expected of this high office, and fervently hope, that I will be given the fullest cooperation by the Bar to continue to dispense justice expeditiously, and in accordance with the law,” she added.
“My fervent wish for career judges is, that their hard work, commitment, dedication, and expectations, are appreciated and recognised, and when the opportunity arises, for them to ascend high office and be justly rewarded,” she said.
Acting Solicitor General Sanjay Rajaratnam, PC in his speech said that the fact that Justice Abeyratne had served in places where there were a large volume of cases to be determined was a testament to the trust and confidence reposed in her ability and dedication.
“Your Ladyship’s record of service in such courts has indeed done justice to the trust and confidence placed upon you. Your Ladyship was able to deliver a remarkable number of 1750 orders and judgments over a short period of four years in the Avissawella High Court, including the judgment in the Noori Estate murder case that generated wide public interest,” Mr Rajaratnam noted.
“In the Kandy Civil Appellate High Court, Your Ladyship has delivered approximately 300 judgments in Final Appeals, Leave to Appeal Applications, Revisions and related applications within a span of two and a half years. Furthermore, during your tenure as Judge in the Homagama and Avissawella Civil Appellate High Court and Mount Lavinia Civil Appellate High Court, Your Ladyship delivered over 20 and 60 judgments respectively, which demonstrate an impressive rate of disposal of cases,” he pointed out.
He said the fact that a large number of such judgments have been affirmed in appeal further bear ample testimony to her sound legal reasoning and insight.
Bar Association president Kalinga Indatissa, PC, said, over the years Justice Abeyratne had earned a reputation among the members of the Bar as an extremely duty conscious Judicial Officer.
He said during two and a half years of service as a Judge of the Civil Appellate High Court of Kandy, Justice Abeyratne was able to deliver approximately 300 judgments dealing with Final DC appeals, Leave to appeals, Revision and related applications. “Furthermore, Your Ladyship’s commitment to Judicial Office and the dedication is demonstrable by the fact that more than 1750 judgments were delivered during the period that Your Ladyship functioned in the Awissawella High Court from 2011 – 2015″.
“…an independent judiciary alone is not sufficient to protect and preserve the very concept of the Rule of Law. We need a strong and a fearless bar, devoid of any extraneous interference to protect and preserve our institutions involved in the administration of justice,” he said.
A judge’s role is to serve the community in the pivotal role of administering justice according to law. Judicial office gives that opportunity and that is a privilege. Judicial office requires one to serve so, and that is a duty. No judge will succeed, and not find satisfaction until there is continual realisation of the importance of the community service that is rendered. Freedom, peace, order and good governance are the essentials of society that we treasure and they depend in the ultimate analysis on the faithful performance of judicial duty. It is only when the people have confidence in the integrity and capacity of the judiciary, that the community is governed by the Rule of Law. The Bar has no doubt that Your Ladyship would continue to deliver justice in keeping with these high standards,” Mr. Indatissa concluded.