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Justice Gopallawa also addresses “perennial issue” of laws’ delays
View(s):- Ceremonial sittings for new judges of the Court of Appeal
The adherence to the Rule of Law can be identified as the single most important requirement for the realization of the democratic society envisaged by the country’s Constitution and aspired to by the public, stressed newly appointed Court of Appeal Judge Mahen Gopallawa.
“In this regard, I firmly believe that the commitment and adherence to the Rule of Law should be unconditional, unwavering, and continuous and should not be contingent upon one’s convenience or affiliations or confined to rhetoric,” he noted, addressing the ceremonial sitting held recently to welcome him and three other judges to the Court of Appeal.
Speaking on the invocation of public law remedies, Justice Gopallawa added that he is acutely conscious that such proceedings often have an impact upon the legitimate interests of parties not before the Court and the general public. “In such circumstances, I am of the view that the adoption of a more proactive and solution-centric approach rather than getting entrenched in the dispute would be beneficial to all parties concerned. Such an approach will not only expedite the dispensation of justice and ease the workload of the Court but also minimise any prejudice caused to third parties and the general public and permit the administrative process to continue.”
He also addressed the “perennial issue” of laws’ delays. In this context, Justice Gopallawa observed that better and timely compliance with procedural steps and orders, such as the service of notices and effecting of substitutions, and actively utilising the services of junior members of the Bar to take up and conclude cases when seniors are unavailable, could significantly improve the situation.
Justice Gopallawa’s elevation to the Court of Appeal comes after a stint of 26 ½ years at the Attorney General’s Department. He fondly described the AG’s Department as being his “second home” for the past 26 ½ years and placed on record his sincere appreciation to the 11 Attorneys General and all senior and junior colleagues that he had the privilege to work with.
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