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New CJ says Judiciary is the army that defends the fortress of democracy from the assault of injustice
View(s):By Ranjith Padmasiri
Chief Justice Murdu Fernando this week said that an effective Judiciary is one that is cognisant of the importance of constitutionalism, which by design, is intended for the protection of human dignity.
The Chief Justice made the comments at the ceremonial proceedings to welcome her.
Chief Justice Murdu Fernando
Excerpts of her speech:
“Today marks not only a personal milestone, but a moment in history, one that reflects the progress we have made towards greater inclusivity, equality, and fairness in our legal system. Permit me to express my heartfelt gratitude for the trust and confidence reposed in me.
“I am indeed honoured and privileged to serve the Republic as the 48th Chief Justice and I pledge my unwavering commitment to uphold the integrity, independence, and dignity of our judiciary as an independent and impartial arbiter of justice.
“I also recognize the significance of this achievement to all women of the legal profession and to those aspiring to join the legal profession or any other chosen field of their choice. This milestone is not just for me, but for all those who have fought for equality, who have worked to break down barriers, the glass ceiling and who have believed in the power of perseverance. My journey is the result of the efforts of those who came before me, and it is a testament to the progress we can make when we refuse to accept the status quo.
“As we look towards the future, I am reminded of the importance of justice in the lives of every citizen. Justice is not a mere ideal; it is a living, breathing force that impacts families, communities, and nations. It is our duty to ensure that the rule of law is applied fairly and impartially, without fear or favour, and that every individual who enters this hallowed institution, regardless of their background, finds a system that listens, understands, and seeks to protect their rights.
“While there is still work to be done to ensure true equality in every sphere of our society, I am confident that this institution will continue to evolve, adapt, and reflect the values that bind us together as a nation. We must ensure that our decisions not only adhere to the law, but also to the principles of justice, equity, and humanity.
“My experience over the years as a judge of this Court has shown me that no court can perform its duty to the satisfaction of all concerned unless it is assisted by a strong, intelligent and industrious bar.
Solicitor General Viraj Dayaratna
“I have heard with pleasure your assurance of such assistance and complete co-operation in the administration of justice. I hope that today, with the realisation of the value of independence, such co-operation will be forthcoming from all organs of government for the judiciary, to stand firm and aloof and to administer the law for the time being in force, and be allied to none.
“A modern judiciary should reflect the society it serves as it not only builds confidence in the justice system, but it is just the right thing to do. An effective Judiciary is one that is cognisant of the importance of constitutionalism, which by design, is intended for the protection of human dignity. It must be able to perceive threats to the expected constitutional standards of behavior imposed on everyone.
“Interpreting and applying the law without discrimination and in a transparent manner, the courts ensure that the fundamental role of the Constitution as the driver of a just, harmonious and peaceful society is fulfilled.
“To effectively uphold the rule of law, processes and decisions of the judiciary in dispensing justice, it must adhere to the principles of fairness, equality, impartiality and legality. It must be noted that the relationship between the judiciary and the Constitution in this regard is a dynamic and evolving process, because courts are both a creation of the supreme law and its custodian. Those who live in a state of harmony with society must feel protected by the Judiciary’s adherence to the concept of constitutionalism and justice.
“I look forward to working with all of you to uphold these sacrosanct ideals, to strengthen the Rule of Law, and to continue to build a judiciary that is not only fair but also transparent, accessible, and accountable to the people we serve.
“The Judiciary, to me, is akin to an army of soldiers defending the fortress of democracy from the assault of injustice. The law acts as the armour and shield provided to us by the Legislature, with which we have been tasked with protecting the citizens of our country.
“May the Gracious Lord, give me grace, wisdom, and understanding to dispense justice for the preservation of the Rule of Law.
“On this solemn occasion permit me to remember with great affection and gratitude my dear parents, Merril EC Fernando and Bermil Fernando who inculcated in me values that have helped me throughout my career over the years. The dedication, devotion, love and affection my parents bestowed on me, leave me with ever loving thoughts with no words that can express the gratitude I owe them. I also remember with love and affection my only sibling, my brother Mithraka,who was a tower of strength to me at all times. May Ammi, Thaththi and Malli be blessed with eternal rest.
“I take this opportunity to remember with gratitude my Alma Mater, Princess of Wales’ College, Moratuwa,
“I also remember the lecturers at Sri Lanka Law College, University of Colombo and at King’s College, University of London, where I nurtured my tertiary education.
“I remember with gratitude Mrs. Lena Fernando of Julius and Creasy Law Firm and Mr. Eardley Perera, President’s Counsel, with whom I had the privilege to apprentice prior to taking oaths.
“My long walk in public service spanning a period of 41 years, began on 15th November, 1983, when I joined the Law Commission of Sri Lanka as an Assistant Secretary, 3 days prior to taking oaths as an Attorney-at-Law.
“I remember with respect Hon. Chief Justice Victor Tennakoon and Hon. H.W. Tambaiah, retired judge of the Supreme Court and the Chairman of the resident Commissioner of the Law Commission, who were my first contacts with this greatly revered and honoured Court, and who left an indentable mark in my life as role models of the judicial profession.
“In December 1985, I had the fortune and privilege to join the Attorney General’s Department and in March 2018 it was with nostalgic feelings, that I bid adieu to that hallowed institution which I served for a period of 32 years, to adorn the bench, of the Apex Court. I remember with gratitude, the Attorneys General and all officers, seniors and juniors of the Department, who moulded my life and my career.
“A very special thank you, to my brother and sister Justices of the Supreme Court, and my Lord the Chief Justices, with whom I was and I am privileged and honoured to have adorned this bench, for their guidance, assistance and good will at all times.
“Today as we stand at the threshold of moving the wall from this sacred and hallowed precincts to a temporary abode, across the road after a duration of 40 years, I take this opportunity to thank the Registrar, the officers and the staff of the Supreme Court and the Marshall and his office, for the smooth functioning of this ceremonial sitting of the Supreme Court, which perhaps, may be the last, prior to the relocation of the Supreme Court in Hulftsdorp itself.
“Permit me in conclusion, to remember with gratitude all persons who guided and assisted me in life, my family, in laws, nephews, extended family, relatives and friends who have helped me in numerous ways and some who are present this morning.
“I wish to especially appreciate the assistance and support given by my husband Sasanka and my two children, Sandruka and Mandrika, for their unstinting love and understanding.
“A very special word of thanks to Nishel, who will join our family soon, and especially to my dear son, Mandrika, who amidst his undergraduate studies flew down for a couple of days to be with me at this ceremony.”
Solicitor General Viraj Dayaratna, PC in his address said :
“ Your Ladyship Justice Murdu Fernando’s elevation to the post of Chief Justice marks the culmination of a legal journey that commenced with Your Ladyship’s entry into Sri Lanka Law College in the year 1980. Your Ladyship excelled in your legal studies, obtaining First Class Honours at the Preliminary and Final Year examinations, and was admitted to the Bar on the 18th of November 1983. The early signs of Your Ladyship’s penchant to approach the profession with an eye to research and the improvement of the law, were evident when Your Ladyship commenced your professional career at the Law Commission as its Assistant Secretary. Whilst working there, Your Ladyship obtained a Bachelor’s Degree in Law from the University of Colombo, demonstrating the commitment you had for academics.
“Eager, no doubt, to get involved in the more rigorous and professional aspects of the Law, in 1985, Your Ladyship proceeded to take up appointment as a State Counsel at the Attorney General’s Department. Your Ladyship thus became the 5th lady to be appointed as a State Counsel.
“For the next three decades, the Attorney General’s Department was to be Your Ladyship’s second home and Your Ladyship steadily rose up the ranks, becoming a Senior State Counsel in 1997, Deputy Solicitor General in 2005, Additional Solicitor General in 2014 and Senior Additional Solicitor General in 2017. Upon being appointed to the rank of Additional Solicitor General, Your Ladyship was conferred Silk on 14th March 2014 in recognition of Your Ladyship’s skill, service and acumen.
“Your Ladyship obtained a Masters Degree in Law from Kings College London in 1996, focusing on International Business Law, International Trade Law, Marine Insurance and International and Comparative Law of Copyright and Related Rights.
“At the Attorney General’s Department, Your Ladyship left an indelible mark on the Civil side. Your Ladyship was at different times at the helm of matters relating to several key areas such as Constitutional Law, Bills and Foreign Loans and units such as the Supreme Court unit and the Court of Appeal unit. At the time of Your Ladyship’s elevation to the Supreme Court in March 2018, Your Ladyship was the Head of the Civil Division. The sheer breadth and depth of experience Your Ladyship obtained in the three decades at the Official Bar proved to be of immeasurable value to Your Ladyship in dispensing justice from the Apex Court.
“Your Ladyship’s career at the Department and on the Bench was characterised by staunch independence and dispassionate devotion to duty. Your Ladyship was immune to pressure from any quarter and proceeded to discharge Your Ladyship’s duties with equanimity. Whether at the Official Bar or on the Bench, Your Ladyship was not motivated by a desire to gain plaudits from the public. The focus instead, was on the merits of the matter at hand and Your Ladyship addressed it adroitly and conscientiously.
“Another important aspect that highlighted Your Ladyship’s evolved nature and suitability to wear the mantle of office as a Judge of the Court of last resort, was evident in the Special Determination on the Contempt of Court Bill. It is an unfortunate phenomenon that institutions, just like individuals, have a tendency to aggrandize power to themselves. In this context, the Special Determination of Your Ladyship and two other judges of this Court, in the Contempt of Court Bill, revealed the purity in Your Ladyship’s approach to such an important piece of legislation.
“Your Ladyship was not carried away with the arguments that any restriction on the powers of the Supreme Court, in dealing with contempt under Article 105 of the Constitution, would be a threat to judicial independence. Despite the strong arguments presented to portray a law that sought to streamline the offence of contempt, as an attack on the independence of the judiciary, Your Ladyship dispassionately observed as follows:
The Courts, having relied on the contemporary principles of judicial review in the exercise of discretion by all public bodies, cannot claim immunity from these very principles, while dealing with the proposed legislation to codify the acts of contempt. The statement of this Court in Parliament (Powers and Privileges) Amendment Bill, that “Parliament will exercise its powers reasonably and not arbitrarily is the faith of the Constitution” is applicable to all organs of the State, including the Judiciary.”
The President of the Bar Association of Sri Lanka (BASL) Anura Meddegoda, PC also addressed the gathering .
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