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New SC judges touch on delicate ties between Bench and Bar and justice to all with favour to none
View(s):By Ranjith Padmasiri
It is the collective duty of the Bench and the Bar to ensure that the relationship between them remains intact, unblemished by personal agendas or external forces that might seek to undermine the integrity of the judicial process, Supreme Court Justice Sobitha Rajakaruna stressed.
Speaking during the ceremonial sitting held on Wednesday (22) to welcome him and three other new justices to the Supreme Court, Justice Rajakaruna spoke of the “delicate yet vital relationship that exists between the Bench and the Bar – a relationship separated by what may be described as a thin, delicate tissue.” This tissue is not merely symbolic; it represents the subtle balance of power, trust, and mutual respect that must be maintained for the judiciary to function effectively, he added. On one side, there is the Bench, tasked with the solemn duty to interpret the law, uphold justice, and provide legal certainty. On the other, the Bar as the guardians of justice who must challenge, defend, and apply the law with vigor and integrity. “This relationship is sensitive because it relies on an unspoken but deeply understood pact of professionalism, impartiality, and respect,” he emphasised.
Justice Sobitha Rajakaruna
“The Bench needs the Bar to present cases with clarity, to argue with passion yet remain within the bounds of legal decorum, and to assist in the discovery of truth and justice. Similarly, the Bar depends on the Bench for fair hearings, rational judgments, mutual respect, politeness and the courage to make difficult decisions that might not always align with public sentiment but are true to the law,” he pointed out.
“Let us remember that this tissue between us is sensitive to the pressure of undue influence, the weight of bias, and the strain of corruption. It is our collective duty to ensure that it remains intact, unblemished by personal agendas or external forces that might seek to undermine the integrity of our judicial process,” said Justice Rajakaruna.
The Justice said he considers being intellectually dishonest as the greatest sin that a decision maker including a judge can commit, damaging this sensitive tissue whilst adversely affecting generations to come. “The manipulation of the imperative principles of law by decision makers for personal gain including promotions must not be tolerated under any circumstances. This sin cannot be cleansed even with remedies such as ‘restitutio in integrum’, ‘constitutional injunctions’ or by ‘exparte stay orders,’” he remarked.
Justice Menaka Wijesundera
“We need to bear in mind that our work is not just about interpreting statutes and precedent; it’s about affirming the dignity of every individual who comes before this Court, about safeguarding rights, and about ensuring that the law remains a tool for justice rather than an instrument of oppression,” stressed Justice Rajakaruna.
Justice Menaka Wijesundera, who served 15 years at the Attorney General’s Department before joining the judiciary in 2009 as a Judge of the High Court and then the Court of Appeal in 2020, noted that during her span of public service as a member of the official bar and a member of the Judiciary, she has experienced the difficulties faced by the members of the official bar and the difficulties faced by judicial officers who have to serve in various parts of the country. “Hence my entire carrier, up to date, is a mixture of experiences of a Prosecutor and a Judicial officer which I feel has given me the courage and the maturity in character to face many and varied impediments in public service, and today I sit on this bench with all that varied experience,” she noted.
“As such I am very much aware of the honorous duty that has been cast on me by being appointed to the apex court which I take very seriously and hope to perform my duty as a Judge of the Supreme Court to the best of my ability with favour to none and equal to all,” she further said.
Reflecting on his judicial career of over 32 years, Justice Sampath Abayakoon stated that his journey throughout this period was not smooth sailing at all times, as it would always be for anyone who engages in the vocation of a Judicial Officer. “Having weathered the journey so far, I look forward to perform my duties to the best of my ability during my tenure of office,” he added.
Justice Sampath Abayakoon
“I am well aware of the society’s expectations of me. No fair-minded person will ask for special favours from a Judge, but a good hearing and a fair, just, as well as a judgement where any interested party can understand the reasons for the conclusions reached,” said Justice Abayakoon, adding that he will continue to perform his judicial functions “without fear or favour, and also without any unwanted delay, a practice I have always followed during my career.”
The duty of a judicial officer is sacred and the sacrosanct character of the office can be maintained only upon public confidence, said Justice Sampath Wijeratne in his address to the gathering.
“During my career as a member of the Bar and as a judge, I have witnessed first-hand / the respect the public has for the judiciary. It is up to the members of the judiciary to maintain that respect and confidence. They may do so by embracing the foundational qualities of honesty and integrity. These traits ensure that decisions are made fairly, impartially, and without bias, thus upholding the rule of law and public confidence in the legal system,” Justice Wijeratne noted.
Justice Sampath Wijeratne
Welcoming the new Justices to the Supreme Court, Attorney General Parinda Ranasinghe, PC, commented that the four justices have taken two different career paths representing two important, yet distinct, institutions tasked with the function of administration of justice. These two institutions, the Judiciary as well as the Attorney-General’s Department are tasked with the inherent duty to perform their functions while maintaining highest standards to ensure an efficient and effective administration of justice, he pointed out.
“Your Ladyship Justice Menaka Wijesundera and Your Lordship Justice Rajakaruna were my colleagues at the Attorney-General’s Department before joining the Judiciary some years ago. Your Lordships Justice Abayakoon and Justice Wijeratne represent the judiciary from the outset. Your Ladyship and Your Lordships are leaving behind a rich legacy to be proud of in the respective institutions, where present and future generations can proudly look up to the commitment and dedication with which Your ladyship and Lordships discharged duties and responsibilities entrusted to you,” said the AG.
“Public confidence in, and the respect for the judiciary are essential to an effective judicial system and, ultimately, to democracy founded on the rule of law. A factor, which is capable of undermining public respect and confidence of the Judiciary is, any conduct of judges, in or out of court, demonstrating a lack of integrity. Judges should, therefore, strive to conduct themselves in a way that will sustain and contribute to public respect and confidence in their integrity, impartiality and good judgment,” he observed.
President of the Bar Association of
Sri Lanka (BASL), Anura Meddegoda, PC, also spoke on the occasion.
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