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Judiciary must be free of any pressure to function independently- Retiring CJ
Chief Justice (CJ) Nalin Perera has urged the Executive not to create the slightest impression that the judicial system is being pressurised, as a judiciary must be free of any pressure, in order to function independently.
Speaking at his farewell ceremony this week, the CJ, who will be retiring on April 24, emphasised that the State must always abide by the rulings of the Court, and not consider rulings against it as unfriendly ones.
The CJ said that he had been able to understand the difficulties of litigants and Lawyers, as he had spent 39 years of his 42-year Legal career, on the Bench.
He said that a crucial element of judicial independence is that judges cease to engage in political controversies and distance themselves from former colleagues at the Bar and from the public in general.
“I am sure, with your good wishes, I will be able to sustain that posture even after my retirement,” he said in his final address as CJ.
The CJ pointed out that the judiciary was the “sole protector of the people against tyranny and autocracy”.
Therefore, he asserted that every step taken by the State to preserve the independence of the courts will contribute greatly to the State’s credit.
He also insisted that Judges, too, should preserve and foster the name of the Judiciary by regulating their conduct, both in and out of court, in order to win the confidence of the public.
Commenting on the Bar, the retiring CJ called on the Attorneys to “never compromise their character and the integrity of their profession for temporary profit, nor succumb to any vicious force that compels them to undermine the truth”.
“It is because your role is to facilitate the administration of justice to all people, including the most vulnerable, who have no other refuge, and justice is founded on the truth and truth alone,” he said on the same lines.
The CJ also expressed hope that the Bar would protest against activities that take place against accepted democratic principles.
Further, he insisted that the Bar must always safeguard the dignity and the independence of the Bench, as they are both components of one unit.
“In my very short tenure as CJ, I took steps to clear the path for the fearless, efficient and effective administration of justice within the Judiciary” CJ Perera recounted.
Attorney General (AG) Jayantha Jayasuriya P.C. while commenting on the services rendered by the retiring CJ, said that Mr. Perera’s services throughout his Legal career would be remembered and “deeply engraved” in the minds of those in the Legal fraternity and even the public.
The AG said that it required courage, self-discipline, a strong will and a deep commitment to function as a Judge, without breaching its code of conduct and the confidence of society.