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An end to a tenure of ‘strength and courage’ as Chief Justice Murdhu Fernando retires
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By Ranjith Padmasiri
The outgoing Chief Justice Murdhu Fernando on Friday said that through major decisions, the court has significantly strengthened our democratic underpinnings and adherence to the rule of law.
Speaking at the ceremonial sitting conducted to bid farewell to the Chief Justice she said “I re-iterate that this Court is responsible for protecting the judicial system’s edifices. It has a significant impact on the constitutional history and progress of the country. This court has defended the people’s interests while also ensuring the judiciary’s independence. Through major decisions, this court has significantly strengthened our democratic underpinnings and adherence to the rule of law. I consider it an honour to have been a part of it.”
She said the the role of a Chief Justice is not confined to a solitary figurehead, but is a conductor of constitutional harmony responsible not merely for judgements, but for tone, for transparency, and for stewardship of an institution that must both evolve and endure. “ It is an attempt to sit at the intersection of power and principle which can be both a burden and a privilege, a role not to be sought, but to be borne.”
“As judges, we must adhere to judicial ethical standards that have been codified into judicial canons. They are considered sacrosanct and violating them is considered an unpardonable sin. Their ideals include independence, impartiality, integrity, equality, and competence” she said.
“These ideas must guide and inform the courts at all levels. In my opinion, the values and ethics demanded from a judge should be the North Star upon which the voyage of judicial interpretation should set sail. We are not repositories of law, but the forerunners of legal dialogue and the custodians of the the beating heart of the Constitution.”
The Chief Justice noted that the substance of the law is a delicate cross-play between the past, present and the future. “It is never an isolated study set separate from the social realities of the life of any citizen of the country, but it is an exercise in ensuring the dispensation of justice in the best possible manner.”
“The Judiciary is also an institution made true by the public trust doctrine. If the courts do not realise that they too are bound by the same standards that we espouse upon the other branches of democratic governance, we risk playing a dangerous game, between arrogance and independence.”
Attorney-General Parinda Ranasinghe (Jnr.) in his address said that members of the Bar will ever be grateful to the Chief Justice for exercising judicial functions in an exemplary manner, with absolute integrity, devoid of any fear, favour or prejudice and much aplomb.
“Your tenure in the Supreme Court displayed immense strength and courage in dispensing justice not only to the satisfaction of the parties who would come before Your Ladyship but also to the larger society as a whole. Sense of fairness in the dispensation of justice to all parties equally, without any fear or favour by Your Ladyship was something to remember,” he said.
“Whether it was steering the judiciary towards greater technological integration, fostering a more collaborative relationship between the Bench and the Bar, or streamlining systems for efficiency and access — Your Ladyship’s contributions were thoughtful, forward-looking, and deeply grounded in institutional strength,” stated BASL President Rajeev Amarasuriya, wishing her “continued peace, good health, happiness and fulfilment in all the journeys yet to come.”
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