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Judges must be equal before law and cannot remain unjudged: AG
View(s):A Supreme Court judge should conduct himself in a manner which accords with public expectation and he must be equal before the law in the rare event his conduct is unbecoming, Attorney General Yuwanjan Wijeyatilake said.
Speaking at the ceremonial sitting to welcome the new Supreme Court judge, Justice K.T. Chitrasiri on Wednesday, the AG said it would be “unfair if judges themselves remain unjudged by the very public that they judge every day.
It would be even more unfair if the law gives him special protection and places him beyond the reach of justice”.
Addressing the gathering at the Superior Courts Complex at Hulftsdorp, he referred to the adoption of a Charter called the “Restatement of Values of Judicial Life” by a Full Bench of the Indian Supreme Court.
It is meant to serve as a guide to be observed by all judges and indispensable in the impartial administration of justice. Though not exhaustive, it is a complete code of the canons of judicial ethics.
“This Charter which was ratified and adopted by the Indian Judiciary in the Chief Justices’ Conference 1999 should be a guide to our judiciary too.
Time does not permit me to elaborate on each of the canons in the Charter, but I believe that the first and the last are particularly important to the current Sri Lankan context and, therefore, these two aspects of judicial ethics need special mention.
I begin with judicial impartiality. Certainly, we have constitutional safeguards which are meant to ensure judicial independence and impartiality.
Under the 19th Amendment, our Constitution guarantees that the appointment of judges to the Supreme Court and the Court of Appeal shall be by the President, subject to approval of the Constitutional Council.
It is no longer the case that the appointment is purely by the Executive. Therefore, the public should have no reason to perceive that judgments will be marred with political bias in favour of the Executive.
Independence of the higher judiciary is also strengthened by the process applicable to the removal of judges of the Court of Appeal and the Supreme Court.
Removal of such judges shall only be by an order of the President after an address of Parliament supported by a majority of the Members of Parliament has been presented to the President for such removal on the ground of proved misbehaviour or incapacity.
Since both the Executive and Legislative branches of government are involved in the process of removing judges, a judge has the security to act without fear of removal upon a judgment against the State.
However, merely having a legal framework which contemplated judicial independence is meaningless, if it is not reflected in the conduct of members of the judiciary themselves.
And as such, a judge must build and maintain for himself a reputation of independence and impartiality.
“I now turn to the second aspect of judicial ethics which I choose to focus on today, from among the many canons in the Indian Charter.
That is that every Judge should conduct himself in a manner which is not unbecoming of the high office he occupies and the public esteem in which that office is held.
This is really not a principle which is exclusive to judicial officers. For, any person holding any high public office must be conscious that he is under the public gaze and has to live by a set of standards which instill public respect.
However, since members of the judiciary daily judge the acceptability and non-acceptability of actions by members of the ordinary public, judicial officers have an even higher burden of responsibility in ensuring that their conduct is honourable and worthy of respect.
Therefore, not only is it that a Supreme Court judge should conduct himself in a manner which accords with public expectation and esteem reposed in the high office that he holds, but he must also be equal before the law in the rare event that his conduct is unbecoming.
Indeed, it would be unfair if judges themselves remain unjudged by the very public that they judge every day. And it would be even more unfair if the law gives him special protection and places him beyond the reach of justice.
Article 12(1) of our Constitution in no uncertain terms guarantees that all persons are equal before the law and are entitled to equal protection of the law.
Accordingly, salient features which mark an honourable judge are judicial and moral integrity, as well as humility to bow down to the right to equality in its fullest sense, even when the consequences may be adverse to his interests.
The Attorney General said that judicial ethics are fundamental to the administration of justice and public confidence in this revered organ of the State.
“It is in this light that Your Lordship’s background is deeply appreciated and Your Lordship’s appointment augurs well for the future of our judiciary.
I wish Your Lordship well in continuing to maintain the high standards of judicial conduct and in discharging the great duties which lie ahead,” he said.
Justice Chitrasiri said he appreciated the significance of his appointment, which is the first to have been made to this Apex Court under the Nineteenth Amendment to the Constitution.
He said career judges like himself come into daily contact with people of all levels of society, and actively participate in the resolution of their problems and disputes.
“Having said that, I take this opportunity to refer to a matter that is being subjected to rigorous discussions these days, the world over. That is the subject of judicial accountability.
“As you are probably aware, the phenomenon of judicial corruption has emerged in many countries, on all continents. The contemporary definition of judicial corruption is not limited to seeking or accepting money or gifts.
An equally corrosive form of corruption arises from the interaction between the judiciary and the executive branch of government.
For the past fifteen years or more, the international community has been engaged in responding to this phenomenon that debilitates not only the judiciary, but also society as a whole.
Power is given on trust, and judicial power should not be an exception, Justice Chitrasiri said adding that it is time to turn the searchlight inwards and recognize the fact that today Sri Lanka’s judicial system is not perceived in the same way that it was, forty years ago, when it was hailed as the envy of Asia. Legal reforms are overdue, he added.
| Justice K.T. Chitrasiri – Fact File - LL.B from the University of Colombo and post graduate qualifications from Queen Mary College, London. |