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Three new CA justices highlight need to serve litigants, address law’s delays
View(s):By Ranjith Padmasiri
The ceremonial sittings to welcome three new judges to the Court of Appeal were held last week. They were Justice Dr. Sumudu Premachandra, Justice K. Priyatha Fernando and Justice Annalingam Premashanker.
The three new judges, Attorney General Parinda Ranasinghe and Bar Association of Sri Lanka (BASL) President Rajeeva Amarasuriya, addressed the event.
Dr. Sumudu Premachandra
Dr. Sumudu Premachandra
In his address Justice Dr. Sumudu Premachandra highlighted the importance of the independence of the judiciary and minimising the law’s delays.
Justice Premachandra began his judicial career in 1998 and served in seven of the country’s nine provinces, except the Northern and Uva Provinces. He also served as a Resident Magistrate of Fiji for three years.
Highlights of his address:
“I have always performed my duties to the best of my ability according to the law, without fear, favour, or ill will, knowing the expectations of the society.
“Justice Ross Robson, Justice of the Supreme Court of Victoria, in his lecture delivered on the topic of ‘Judges on Ethics: Judicial Conduct in the New Millennium’, says that there are three independences concerned for a judge—independence of position, independence of decision, and independence of thought.
“His position should be secured by the authority for his fearless function as a judge; his decision should always be within the legal norms, and his thoughts in adjudication should be independent from his personal thoughts and beliefs.
“Once the judge assumes the judicial office, he is struck by two things—firstly, to what expectations the judge should be discharged in his judicial duties and secondly, what the judge can foresee that society expects from the judge.
“Thus, in the administration of justice, the aspiration of society is immense. If society loses faith in the judiciary, that would lead to uncertainty.
“As a legal anthropologist, I learnt that the ‘law is common consensus’ of the people. Nothing more. The courts are not meant for us. It is for litigants. It may be bread and butter for us, but for them, it’s the only place to have peace of mind.
Justice K. Priyantha Fernando
“Unless litigants are compelled to come to courts, they do not look at it even. Thus, our bounden duty is to serve them to the best of our ability. Hence, the litigants must be our first priority.
“In delivering justice, I am always mindful of the Bangalore Principles—the six judicial values, namely, independence, impartiality, integrity, propriety, equality, and diligence and competence. A judge must possess all these qualities to qualify as a judge. Otherwise, he ceases to be a judge.”
Justice K. Priyantha Fernando
In his speech, Justice Priyantha K. Fernando said the alternative dispute resolution mechanism of commercial mediation should be available to parties who are willing to settle their disputes.
“During the last few days in Division 1 of the Commercial High Court, there was a request to have a pool of mediators available to the parties. This should be encouraged. Since a lot of lawyers have now been qualified as mediators, this will in turn help them also,” he said.
Excerpts from his address:
“I am mindful of the duties and responsibilities expected of me, and I assure you and the public that I will be dispensing justice to all without fear or favour, affection or ill will, preserving the integrity, impartiality and independence of the judiciary.
“My first glimpse of a courtroom was in 1974 when I saw my father sitting on the bench of the District Court of Hambantota where the famous Leonard Woolf sat. It was the most enjoyable time in my life as we, a family of seven, travelled a lot in the southern province during school holidays.
“Thereafter, until I passed out from the Law College, I had no intention of joining the Judiciary.
“During the first 5 years, I practised in the unofficial Bar. I received assistance from many, and I thank them with gratitude. I specially mention the following Presidents’ Counsel, namely Mr U.R. De Silva, Mr Shammil J. Perera and the late Mr Ajantha Athukorala. I am also grateful to Senior Attorney Mr D.M. Swaminathan.
Justice Annalingam Premashanker
“I embarked upon my judicial journey in 1999 under His Lordship the Chief Justice Hon. G.P.S. De Silva. I thank His Lordship. I am grateful to the late Mr Chandra Amarasinghe, Retired District Judge, and the late Mr R.I. Obeysekera, P.C., for recommending me to the Judiciary.
“I have drawn considerable comfort from the encouragement I have received from members of the judiciary over the years. In particular, I thank the former Supreme Court judges, His Lordship Mark Fernando, Justice T.B. Weerasooriya, Justice K.T. Chitrasiri and Justice A.I. Imam, each of whom encouraged me to join the Judiciary.
“My tenure as the assistant secretary in the JSC gave me a valuable insight into the problems of common people before the courts of law. I thank the then Secretary of JSC, Mr Dhammika Kithulgaoda, and Justice A.W.A. Salaam for the guidance given to me during this time.
“After starting from Court No. 5 of the Colombo Magistrate Courts, I served mainly in outstations in the original civil courts as well as in the Civil Appellate Courts. When I was at Ratnapura, I heard several criminal trials also upon being specially appointed. I thank both the official and unofficial bar for the cooperation extended to me in dispensing justice without undue delay.
“I also had the privilege and honour of presiding as a judge of the Commercial High Court. I am grateful to His Lordship Jayantha Jayasuriya for giving me that opportunity.
“Along with Justice Marikar and Justice Pradeep Hettiarachchi, I was able to maintain a high disposal rate due to the proper case management. This could not have been achieved if not for the cooperation of the Bar. Fixing trials for multiple trial dates helped cut short the duration of trials. We did it with the shortage of stenographers. If the cadre is filled, even present judges of the Commercial High Court would be able to continue with such good pace.
“If I express a view on independence of the judiciary, it comes to my mind what Sir Harry Gibbs, Chief Justice of Australia from 1981 to 1987, said. When he was asked how he would define an independent judge, his answer was that judge who has nothing to hope for, nothing to fear, in respect of anything done in the performance of his judicial functions; that judge who is able successfully to resist pressure of any kind.”
Justice Annalingam Premashanker
Justice Premashanker, in his address, recalled the support extended by his seniors, those in the judiciary and those in the private bar.
He said during his whole period of 27 years as a judicial officer, he had worked in the Northern and Eastern provinces.
“The first 10 years, that is, 1999-2009 during the wartime, I functioned as a magistrate and district judge with so many difficulties. God’s grace: 5 times escaped from death. How much of the difficulties in maintaining the dignity of the judiciary? After the end of the war in 2009, I worked in a confused state, still with difficulties. From 2012, the situation became normal,” he said.
He recalled that the very first incident, encouragements given by, was from Yasantha Kodagoda, now Hon. Supreme Court Justice.
“In 1988, on the eve of entering Law College, one fine day, I was severely disturbed by an idea to leave the college. Justice Kodagoda took me to the canteen and offered me tea with lots of words of encouragement. That only made me a judge now. If not, my destiny would have been different. After completion at Law College, I was selected for an apprenticeship in the AG’s Department.”
Attorney General Parinda Ranasinghe
In his address, Mr. Ranasinghe said the three judges had brought a wealth of experience, legal acumen, and unrelenting commitment to justice.
He said Justice Premachandra stands as a pillar of judicial excellence and dedication. With over 32 years in the legal profession and more than 26 years as a career judge.
He said Justice Premachandra’s extensive experience, both in civil and criminal jurisdictions, is unparalleled, and having served as a Resident Magistrate in the Republic of Fiji under a common law system, he had brought in an international dimension to the bench.
He said Justice Fernando’s judicial journey was one marked by distinction, dedication, and deep-rooted service to the administration of justice.
He said Justice Fernando, throughout his career, demonstrated not only an expert grasp of substantive and procedural law but also a quiet wisdom and a sense of fairness that defined judicial excellence.
The AG said the respect and trust placed in Justice Fernando, both by the legal community and the public, speak volumes of his integrity and dedication.
Commenting on Justice Premashanker, the AG said his judicial career was a bright example of dedication, intellectual discipline, and unshakeable commitment to justice.
He said he was confident that Justice Premashanker would continue to uphold the highest traditions of the judiciary, serving the people of this country with integrity, impartiality, and wisdom.
President of the Bar Association of Sri Lanka Rajeeva Amarasuriya also spoke.
(See full speeches on our website www.sundaytimes.lk)
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