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“View the circumstances as an opportunity to put in place procedures and infrastructure to modernise our approach”: CA judges
The country’s judiciary must resolve to do its part in forging a modern, efficient system that rivals its rich legal heritage, new Court of Appeal (CA) President Arjuna Obeyesekere said.
Speaking during the Ceremonial Sitting held at the Superior Court complex on Tuesday (23) to welcome him and seven other CA Judges, Justice Obeyesekere noted that owing to the COVID-19 pandemic, the Ceremonial Sitting was being held more than three months after their appointments, and after nearly a term had passed since the Judges commenced sittings.
“Whilst we should, no doubt, be sympathetic to the litigants and lawyers who have languished due to the pandemic, I believe the correct approach should be to view the circumstances as an opportunity to put in place procedures and infrastructure to modernise our approach,” he opined.
He noted that due to the efforts of the Digitisation Committee appointed by the Minister of Justice, systems are now in place so that virtual proceedings could be carried out in the event of any exceptional circumstances in the future.
Meanwhile, prisoners were not being brought to court as a COVID-19 precautionary measure. Nearly 900 appeals filed by those convicted by High Court were piling up in the CA. Once again, technology came to the court’s assistance, with facilities being made available in four prisons, for appellants to watch live court proceedings in the three Courts of Criminal Appeal to hear their appeals, Justice Obeyesekere noted.
“We are now in the process of introducing several new features to the website of the Court of Appeal. By the end of April, lawyers and litigants will be able to access the daily court list which will contain several options to search their case by Court, case number, time of hearing or by purpose – i.e. whether it is fixed for support, mention, argument etc. One would also be able to search Judgments by keywords, case number, topic or date, and access journal entries of all cases after February 15, 2021. Any person would also be able to see the numbers and names of parties in all new cases that have been filed in 2021. In addition, lawyers and litigants would be able to make a request via email for certified copies and have them posted to their address, thereby negating the need to call over at the Registry. We also plan to introduce a Mobile Application so that lawyers can access the above while on the move,” he further explained.
Justice Menaka Wijesundera remarked that during her eleven and half year career as a High Court Judge, she served in many provinces in the country and observed the cultural and social differences from province to province. “This variation influenced the nature of cases pending in the courts I presided,” she observed.
She noted that they were gathered for the Ceremonial Sitting under very unusual circumstances due to the COVID-19 pandemic. “We all know the impact it has had on our lives. We, as members of the legal fraternity, are trying our level best to function in the court system as normal as possible.”
“Upon such a demanding situation, we have gathered here today, and I take this opportunity to remind myself of the onerous duty that is cast upon me by being appointed to this bench, and I, pledge to uphold the rule of law and weigh the scales of justice accordingly,” she added.
Justice D N Samarakoon meanwhile, stated that his aim as a Judge was to do justice to the contenders of the dispute presented to him for adjudication, not forgetting the fragrance of “just mercy”.
“The character of our nation is not reflected in how we treat the rich and the privileged, but how we treat the poor, the disfavoured and the condemned,” he said. Justice Samarakoon opined that this was the best way to achieve “natural justice” and “just mercy” for humans.
Justice Prasantha De Silva recalled that during his short spell as a CA Judge, he came across a situation where applications are being made for postponements of arguments by the Junior Counsel, on the ground that the Senior Counsel is held up in the Supreme Court or in the President’s Court in the Court of Appeal.
He requested Senior Counsels to allow their retained Juniors to argue cases in the Court of Appeal to prevent the law’s delays.
Justice De Silva also noted that during his judicial journey, there were instances where Judges had to face “embarrassing and unpleasant situations that attempted to tarnish our images through social media and other means, and be victimised with the motive of damaging our credibility to jeopardise the professional prospects of our careers.” He said the Attorney General and the Bar Association of Sri Lanka should intervene in this respect and take necessary precautions to safeguard the rights of judges.
The Judiciary and the Bar must remember that they all have a common goal to achieve, which is to dispense justice to the litigants who come before courts seeking redress, Justice Mohamed Laffar pointed out. “Whatever may be the obstacles that stand in our way to do justice, we should continue to stand committed to deliver justice both to the citizens and the State without fear or favour.”
The Judiciary’s conduct must be transparent and there shouldn’t be any room for any doubt of compromise. Where the lawyers are concerned, they must guide and advise those who sit in Judgment, he added.
To achieve this end, we need a strong Bar. As often said, strong Bar begets a strong Bench,” he stressed.
The issue of law’s delays is much discussed in judicial circles and there are various reasons for them, Justice Pradeep Kirtisinghe said in his address.
“I have come across many partition actions pending in the District Courts for more than 20-25 years. It is my view that the Judges in the Minor Judiciary can play a very important role in resolving such disputes within the framework of the law. The methods of alternate dispute resolution should be improved. The lawyers have a very important role to play in settling cases. Free Legal Aid should be provided for the poor,” he explained.
“Firstly as a lawyer, and more importantly as a Judge, I realise the value of giving a fair hearing to parties before deciding on a matter, which is of fundamental tenet and of vital importance, and also the necessity of delivering the judgments without undue delay, a practice I have always strived to follow,” Justice Sampath Abayakoon told the gathering.
Justice Abayakoon assured that he would do his utmost to uphold the dignity and the standards of the high judicial office he holds by dispensing justice fairly equally and expeditiously to all, and to the best of his ability.
The duty of a judicial officer is sacred, and the sacrosanct character of the office could be maintained only upon public confidence, said Justice Sampath Wijeratne.
“During my career as a member of the bar and in the judiciary, I have witnessed how the public respects the judiciary. It is left to the members of the judiciary to maintain that respect and confidence,” he added.
“I have at all times made every endeavour to maintain the public’s confidence and the confidence of the bar. I look forward to continuing the spirit of cooperation and confidence in the future,” Justice Wijeratne added.
Attorney General Dappula De Livera and outgoing Bar Association of Sri Lanka (BASL) Kalinga Indatissa also addressed the gathering.
The Ceremonial Sitting for seven other CA Judges – S U B Karaliyadde, Ratnapriya Gurusinghe, Dhammika Ganepola, Khema Swarnadhipathi, Mayadunne Corea, Prabaharan Kumararatnam and Neil Iddawala was held on Wednesday (24). Their speeches will be carried in next week’s issue of the Sunday Times.
See for full speeches for Tuesday’s ceremonial sittings:
1. Justice Arjuna Obeyesekere
2. Justice Menaka Wijesundera
3. Justice D.N. Samarakoon
4. Justice Prashantha De Silva
5. Justice Mohamed Laffar
6. Justice Pradeep Kirtisinghe
7. Justice Sampath Abayakoon
8. Justice Sampath Wijeratne