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Sometimes the law forces judges to make decisions that go against social justice: Judge
View(s):It is the responsbility of judges and lawyers to act in such a manner so as not to grind down the litigant’s confidence in the judicial process, newly-appointed Court of Appeal (CA) Judge Wickum Athula Kaluarachchi stated.
Speaking at the ceremonial sitting held to welcome him at the Superior Courts complex on Wednesday (12), Justice Kaluarachchi said that among the three pillars of justice: the Judge, the lawyer and the litigant, the most important is the litigant. “The public faith in the judiciary, the Bar, and the entire judicial process relies upon the way that we adjudicate his dispute. It is, therefore, the responsibility of you and me to act in such a manner so as not to grind down the litigant’s confidence in the judicial process.”
Court of Appeal (CA) Judge Wickum Athula Kaluarachchi
He asserted that the law cannot be stagnant. It is a constantly changing, moving mechanism. The administration of justice requires the honest and dedicated endeavour of everyone engaged in its procedure and process. It calls for the collective endeavour. “We have to act collectively, honestly, efficiently, and effectively. Then only the objective of justice could be achieved.”
While a judge can, to a certain extent, act imaginatively and creatively in arriving at a fair decision avoiding injustice, there are limits beyond which a judge cannot legitimately go. Sometimes the law forces judges to make decisions that go against social justice, Justice Kaluarachchi stated. “But it is beyond our limits and it is for parliament to amend the law, if the injustice merits an alteration,” he pointed out.
Speaking on the law’s delays and measures to minimise them, Justice Kaluarachchi, whose judicial career has spanned 27 years, remarked that there is no doubt that judges must act with expedition and endeavour to dispose of the work of the courts. “At the same time, we should be mindful of the fact that because of public criticism of the law’s delay, we must not put pressure on a party to plead guilty to a charge or to settle a matter or dispose of its haste, ignoring the high standards of fairness, independence, and impartiality expected of the judiciary.”
“Although some cases seem to be not much important to us, every single case is important to the parties of that case. Every case before the Court merits the same meticulous attention. Therefore, when adopting shortcuts to laws delays, we cannot and should not take shortcuts with the lives, properties, and rights of the people,” he emphasised.
“At the same time, we must play
our role effectively and constructively in minimising laws delays because we have a duty towards the people of this country who come before us seeking justice.”
He recalled with gratitude all his teachers at his alma mater, Royal College, Colombo, and Senior Counsel Ranjan Mendis who helped guide him in the legal profession. He also recalled with gratitude his late parents and his extended family. Justice Kaluarachchi paid tribute to his wife Senani and his two sons Janith and Migara, who he said “had sacrificed a lot because of me.”
Welcoming Justice Kaluarachchi, Attorney General Sanjay Rajaratnam PC, expressed confidence that during Justice Kaluarachchi’s tenure as a career Judge for a period of 27 years, the multitude of Judgments and Orders dispensed by him, will no doubt enhance and enrich the Court of Appeal.
“Your Lordship has always been a man of honour who did not seek self-gain or self-adulation. Your Lordship has been diligent and conscientious in all you did. Your Lordship were among those who bided your time and waited patiently to advance in your career, without any assistance or influence being sought in the journey, to reach this milestone. Your Lordship’s timely elevation is truly well-deserved,” he added.
Saliya Pieris, PC, President of the Bar Association of Sri Lanka (BASL), noted that Justice Kaluarachchi assumes office at a time when, more than ever, public institutions including the judiciary and the legal profession are under public scrutiny.
“In a sense, my Lords, all those involved in the administration of justice – be they judges, members of the Attorney General’s Department, or the members of the unofficial bar – perform a public trust and in discharging our duties it is necessary that we must create a climate where there is public confidence in our institutions. Our institutions, my Lords and my Ladies, cannot survive if there is a loss of public confidence. In that context and in this day and age the superior courts of this country, including this apex court, has an onerous task in the days, months, and years to come,” he remarked.
“Your Lordship will play a key role in deciding the fate of the lives, rights and properties of the people who come before this Court, and it is our fervent wish that your Lordship will dispense justice according to law with wisdom, integrity, strength, and moral courage,” the BASL President said.
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