Legal remedies should not be beyond the reach of the poor

Justice Anil Gooneratne who has been associated with the Attorney General’s Department for nearly 28 years, was inducted to the Court of Appeal last week.

Justice Anil Gooneratne

In his address at the ceremonial sittings of the Appeal Court on Thursday, Justice Goonaratne said:

Honourable Mr. Attorney General, Mr. Nihal Jayamanne President’s Counsel, President of the Bar Association of Sri Lanka, let me at the inception thank both of you for the warm sentiments expressed, and the welcome accorded to me which was in the best traditions of the Bar. Traditions that have been maintained over the years. Whilst acknowledging this warm welcome, I think it is appropriate on an occasion such as this, to reflect on the golden thread that has always engaged our attention -the independence of the Judiciary.

This laudable concept cannot be advanced and nourished without the active participation and assistance of a strong Bar and only when the Bar becomes a strong component of the legal system that this concept can be fortified and translated into reality.

I would like to quote the perceptive statements made by Justice Dorab Patel , a former Judge of the Supreme Court of Pakistan at a seminar held in Katmandu in September 1987 on the theme –‘The Independence of Judges and Lawyers in South Asia’.

This seminar was attended by no less a person than His Lordship the Chief Justice Sarath N. Silva who was a Deputy Solicitor General at the time along with Justice R.S. Wanasundera and three other legal luminaries.

The statement of Justice Patel is as relevant in today’s context as it was then.

I quote -“This is an enormous task which cannot be discharged by judges and lawyers alone. It is the problem of society itself. But we should not forget that the image of the judiciary is damaged more by the laws’ delays, the expenses of litigation and the corruption which is creeping into the subordinate judiciary, than by the appointment of unsuitable persons as judges. Therefore, in the long run, the manner in which judges and lawyers discharge their duties can build up public opinion for the courts, and public opinion is a better safeguard for the independence of judges than laws and constitutional guarantees”

The three important factors highlighted in the above passage have always remained the perennial problems of the legal systems in South Asia and it is our unpalatable experience that remedial measures taken from time to time to eradicate these problems yielded no results. One such remedial step to redress laws’ delays came in the form of 18th Amendment to the Constitution and it became a ‘missed opportunity’ when the attempt to enact this constructive piece of legislation proved abortive in the wake of objections that were raised without any appreciation of the curative effect of the legislation.

In the face of this failure, we now have on the statute book a redeeming legislation that saw the light of day recently, viz., through the High Court of the Provinces (Special Provisions) Amendment Act which vests certain civil appellate jurisdiction in the High Courts. It is a timely opportunity that is never to be missed and it has to be utilized for advancing the cause of the litigation needs of the public.

As for the second factor, viz., expenses of litigation, in the light of the criticism it has attracted, I must say that litigation should not become so prohibitive to put a poor litigant beyond the reach of legal remedies, and I venture to state that this criticism against costly litigation could be addressed by the profession by paying attention to the social standing of a poor litigant.

The cancer of corruption is also destructive of the system and this cannot be eliminated without the Bar playing a constructive role and becoming public spirited. Unless corruption is eradicated at the lowest levels of the legal system our statutes are bound to become a dead letter and would serve no useful purpose.

On the path to achieve these ideals, the Bench cannot function independently and the Bar is a necessary constituent of this process.

On an occasion such as this, when I humbly assume this judicial role, it is nothing but fair to be nostalgic about my beginnings.
My late father A.W. Gooneratne was a towering influence on me in my formative years, and I observed at close range what an exemplary life he led as a career judicial officer. He lived in an era when judges of his time did not enjoy the perks and privileges that we do today. But the standards set by them would, I hope, guide me in the discharge of my own duties. I remember both my late father and mother with gratitude,

It was my late father who motivated me to join the Attorney General’s Department, which was to serve as my nursery, and where I cut my teeth in the legal profession. It is almost 28 years now since I joined that hallowed institution, and I remember with gratitude the confidence and the training the Department gave me in no small measure. I gratefully acknowledge the constant support and assistance given by a long line of supervising officers such as Mr. Justice Kulatunga, Mr. Shibly Aziz, former Attorney General, and His Lordship the Chief Justice.

Prior to my entry into the Attorney General’s Department, it was the late Mr. G. F. Sethukavaler, President’s Counsel who moulded me in his Chambers and I record my debt of gratitude to him as well.

I remember gratefully the advice and support I received at all times from both the Hon. Attorney General and the Hon. Solicitor General who supervised my work at a time when I served in both divisions of the department – civil and criminal.

My nostalgic remembrance would not be complete without referring to my old school, Royal College, Colombo. It is here that I ‘learnt of books and men’, and ‘learnt to play the game’. The great teachers who instilled everlasting values in me need a special mention on this occasion.The heavy rigours of my work in the department were lessened by my constant guide –my wife Ruwani, who provided me with a wholesome atmosphere and a peaceful home together with my two children Niluri and Rajin. My thanks to them as well.

In conclusion I thank all of you, and may the blessings of the Triple Gem be with you at all times.