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People need to have total confidence in the judiciary, says new SC Judge
View(s):By Ranjith Padmasiri
It is imperative not only to hold judicial office with high integrity, but to encourage people to believe it is a judiciary in which they can have total confidence, said newly appointed Supreme Court Justice Priyantha Fernando, at the ceremonial sitting held to welcome him this week.
Speaking from his experience as a practitioner, Justice Fernando noted that questions inevitably posed by the clients would be, “Who is the judge?… Is that good or bad?…What does he or she like?”
Justice Priyantha Fernando
“As a judicial officer, the advice I regularly give myself is “how would I like the lawyer to respond to those questions from the client?” The response would depend on our own conduct within and without the court room. You should conduct yourself well, so you receive in reply the response you desire and like to hear,” he said.
Justice Fernando said throughout his judicial career, he stood against condoning insincere and unethical delaying of cases. Such conduct needs to be denounced, he insisted.
“I believe in the court’s duty towards the litigant as much as the duty owed by counsel towards the client and the court.”
He said frivolous technical objections often taken by counsel, cause delay in proceedings. Such conduct undoubtedly defeats the course of an effective and efficient justice system. The resultant position was that a litigant, being the most important stakeholder in the justice system, was made to suffer perhaps at their own counsel’s hands.
A merit-based approach to deal with a case needed to be adopted unless an objection of preliminary nature went into the basis of jurisdiction upon which the court was founded, Justice Fernando asserted.
He said he consistently strove to make no discrimination based on the counsel’s stature when affording the opportunity of being heard, to ensure equal access to justice for the litigant, whom the counsel represented.
“I envision this inviolable approach to be more vibrant in this apex court and in the exercise of its jurisdiction in relation to final appeal and other matters where this court exceptionally is the original and the final court. I believe I could take a leaf out of this court to further my commitment of ensuring equal justice to all without being aligned to the counsel’s stature,” Justice Fernando said.
He also wanted to uphold the quality of being courteous in an indiscriminate manner, as this quality enabled a judge to consider the matter before court soberly, answer the issues wisely and decide the dispute impartially with optimal efficiency.
“The dispensation of justice at optimal level, in my opinion, means doing justice without undue delay and without undue hurry. The Bench and the Bar must stand together to achieve the goal of justice as equal partners to avoid undue delay and impermissible hurry to produce a conclusion in a qualitative manner. I would strive to keep to those standards during my office as a judge of this court,” he said.
Justice Fernando’s elevation to the apex court of the land came after a long journey in his judicial career, which began in December 1991. During his 31-year-long career, he served the people as a magistrate, additional district judge, district judge and high court judge in many stations throughout the country. He was appointed as a Court of Appeal judge in January 2019 and was elevated as Court of Appeal President in August 2021.
Attorney General Sanjay Rajaratnam, PC paying tribute to Justice Fernando, said the Justice had a long and arduous journey as a career judge, almost spanning 32 years of untiring dedicated service.
“It is noteworthy to mention that with Your Lordship’s long sojourn as a Judicial Officer, expertise and knowledge was garnered in the fields of Criminal Law, Partition Law, Rent and Ejectment and Public Law, which is worthy of emulation to an aspiring career judicial officer in the pursuit of efficient and fair dispensation of justice,” the AG said.
He said Justice Fernando’s erudition and dedication was recognised when he concurrently held the post of Justice of Appeal and President of Fiji’s Supreme Court. The Justice’s tenure in Fiji culminated in his appointment as Acting Chief Justice of Fiji, an accomplishment which blazed a trail in his career as an exemplary judicial officer, the AG added.
“The competency and skill Justice Priyantha Fernando has acquired with a wealth of experience will undoubtedly enhance and enrich his journey to higher echelons, while upholding the principles of natural justice in the administration of justice,” said the AG, congratulating the justice on behalf of the Bar.
Bar Association of Sri Lanka (BASL) President Saliya Pieris, PC said Justice Fernando begins this new chapter of his judicial career at a crucial moment, when the Sri Lankan people are looking up to the judiciary, and the Supreme Court in particular, with great hope and expectation.
He said Justice Fernando’s leadership as the Court of Appeal President, including the launch of virtual hearings to clear the case backlog, was an example of his commitment to ensuring the smooth functioning of the court system and the well-being of the legal profession.
Over the years the courts of this country, both the original courts and the superior courts, have time and again been called upon to protect democracy and the rights and freedom of Sri Lanka’s people Mr Pieris said.
“Whether it be in respect of Mark Antony Bracegirdle, Leeda Violet, Jana Ghosha, Joseph Perera, Water’s Edge, the dissolution of Parliament, or the Easter Sunday attacks our courts and our judges have demonstrated they have the mettle and strength of character to unwaveringly protect the Constitution and this nation’s democratic institutions and people,” he added.
There were many times when the Supreme Court had been a beacon of hope, a bulwark against the excesses of executive power, and a defender of the peoples’ sovereign rights, the BASL President said, adding that they hoped Justice Priyantha Fernando would continue to uphold the court’s dignity and independence and maintain public confidence in the country’s institutions.
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