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New Court of Appeal Judges stress importance of justice not only being done but seen to be done
View(s):By Ranjith Padmasiri
Looking back on his 28-year judicial career, Justice K.M. Sarath Dissanayake told the gathering at the Court of Appeal on January 21 that he has endeavoured to uphold the principles of justice, equity, and integrity across all his postings.
Justice Rohitha Pradeep Hettiarachchi
Speaking during the ceremonial sitting to welcome him and Justice Rohitha Pradeep Hettiarachchi to the Court of Appeal, Justice Dissanayake said he is reminded on the occasion of the six “Bangalore Principles of Judicial Conduct,” which have served as guiding beacons throughout his career. These principles are Independence – meaning to remain impartial, free from influence, and to uphold the law without fear or favour; Impartiality – meaning to treat all parties before the court with fairness and equality; Integrity – meaning to act with honesty and transparency in all judicial functions; Propriety – meaning to conduct oneself in a manner that enhances public confidence in the judiciary; Equality – meaning to administer justice without discrimination; Competence and Diligence – meaning to strive for excellence in the discharge of judicial duties.
“These principles are not mere abstractions; they are the bedrock of public confidence in the judiciary. The role of a judge is one of immense gravity and solemn duty. It is our duty as judicial officers to foster and preserve this trust by remaining steadfast in our commitment to justice and integrity,” Justice Dissanayake emphasised.
He quoted the famous dictum, “It is not merely of some importance but of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done,” noting that this principle “reminds us that the judiciary’s legitimacy rests upon the public’s trust in its impartiality and transparency.”
“I affirm to you all here and now, and always that I shall endeavour in my capacity as a judge of this temple of justice to further these principles without reservation or restraint,” Justice Dissanayake assured.
Justice K.M. Sarath Dissanayake
To ascend to the Bench as a Justice of the Court of Appeal is to embrace a mantle of immense responsibility, said Justice Rohitha Pradeep Hettiarachchi in his address. “The judiciary is the fulcrum upon which the scales of justice are balanced, and it is incumbent upon us to ensure that justice is not only done but manifestly and undoubtedly seen to be done. Such a responsibility demands from us an unyielding commitment to impartiality, fairness, and independence, the very bedrock upon which public confidence in the judicial system is built. Our task is not merely to adjudicate but to inspire confidence in the rule of law, affirming that justice is a tangible reality for all who seek redress,” he pointed out.
“To honour this obligation, we must acknowledge the evolving challenges that confront the judiciary. In an age of heightened public scrutiny, it is not uncommon for judicial determinations to be met with criticism, occasionally amplified under the veil of parliamentary privilege by individuals whose interests are adversely affected by an independent judiciary, as seen in the recent past. While such challenges are regrettable, this underscores the vital importance of shielding the judiciary from political interference,” Justice Hettiarachchi further said.
He also spoke of the “pressing matter” to address delays in the administration of justice. “The integration of scientific approaches to case management and the prudent use of technology are vital to rendering our system both efficient and accessible but notwithstanding the technology, what matters most is our commitment, dedication and approach. Additionally, it is desirable to emphasise that when new amendments are introduced to the existing legal framework, we must identify the correct issues and remedy it without introducing amendments haphazardly on a piecemeal basis,” said the Justice.
Welcoming the two new Justices on behalf of the Official Bar, Attorney General Parinda Ranasinghe, PC, noted that both Justices bring a wealth of experience, legal acumen, and unrelenting commitment to justice. “Your Lordships journeys in the legal profession, though traversing different paths, converge here, enriching this Court and our judicial system,” he added.
The AG observed that the Justices not only bring their “remarkable expertise but also a dedication to the rule of law that is indispensable to the administration of justice.”
He expressed confidence that Justices Dissanayake and Hettiarachchi will continue to uphold the highest traditions of the judiciary, serving the people of the country with integrity, impartiality, and wisdom. “It is our collective duty, as officers of the Court and members of the legal fraternity, to support Your Lordships in this noble task,” he further noted.
President of the Bar Association of Sri Lanka (BASL), Anura Meddegoda, PC, also spoke on the occasion.
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