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New Judges pledge to uphold solemn duty of serving in Appeal Court to the best of their conscience
View(s):By Ranjith Pathmasiri
The independence of the judiciary rests in the personal courage of judges who are willing to be independent; in the discipline to remain unmoved by political winds or popular tides and in the unwavering resolve to decide without fear or favour, affection or ill will, President of the Court of Appeal Rohantha Abeysuriya said, at a ceremonail sitting to welcome three new Judges to the Court of Appeal.
“In Sri Lanka, the Constitution enshrines the independence of the judiciary, but that alone does not suffice. The independence we speak of is not merely structural or administrative, it is moral. It is rooted in the internal discipline that keeps the judicial mind unswayed by power, passion, or prejudice,” Mr.Abeysuriya noted.
The ceremony was held to welcome Justice Rohantha Abeysuriya, President of the Court of Appeal, Justice Adithya Patabendi and Justice Dr. Frank Gunawardhane as Judges of the Court of Appeal.
From left: Justices Dr. Frank Gunawardhane, Rohantha Abeysuriya and Adithya Patabendi
“My ascend to one of the most important positions in the judicial hierarchy was not predestined but was occasioned due to my strong desire to continue to serve my beloved motherland which I love so much. On this solemn occasion in the presence of a galaxy of legal luminaries, I wish to pledge that I will serve our country to the best of my ability and true to my conscience,” he added.
Justice Dr. Frank Gunawardhane in his address at the ceremonial sitting recollected that he commenced his legal career in 1991. “Since I started my practice as a junior to Mr. Arthur Samarasekara P.C., my first few years as a junior lawyer were entirely confined to this Court, except, on a few occasions when I happened to be in the District Court. Therefore, it can be said that this is my second homecoming to the Court of Appeal,” he said.
Justice Gunawardhane said that consideration of Fundamental Rights of individuals is vested in the Supreme Court, the apex Court of the country, while the Court of Appeal is vested with the jurisdiction to consider the rights of the individuals when decisions are taken by the State or State agencies affecting their rights. “Thus, the Court I have reached in my career is an important forum as far as the rights of people are concerned,” he added.
Justice Adithya Patabendi in his address said it was both a privilege and a solemn duty to serve in the Court of Appeal, an institution of profound constitutional and judicial significance.
‘I had the privilege of commencing my career as a junior of Mr. Arjuna Udawatte, AAL who molded me in his chambers and I record my debt of gratitude to him. Thereafter, I joined the Attorney General’s Department as a non-summary prosecutor in 1998. The mentorship I received from my supervising officers there, marked a significant turning point in my legal career,” he recalled.
Justice Patabendi said that having served in the criminal justice system for a longer period he has witnessed both its strengths and burdens. “Delay in the criminal justice system in Sri Lanka is a major issue. People often come to court with uncertainty wondering whether their cases will be taken up or not. It is time to introduce international best practices in court proceedings and judicial management. Without such reforms, public confidence in the system will continue to decline, and frustration will grow,” he added.
Attorney General Parinda Ranasinghe (Jnr.) P.C. in his address said this ceremonial sitting holds special significance as they gather to celebrate the elevation of three exceptional legal minds whose contributions will undoubtedly strengthen the judiciary.
He said that their wealth of experience, intellectual rigour, and an unwavering commitment to justice as well as their diverse journeys in the legal profession converge here, thus enriching the Court and our judicial system.
“I am confident that Your Lordships will continue to uphold the highest traditions of the judiciary, serving the people of Sri Lanka with integrity, impartiality, and wisdom. It is our collective duty, as officers of the Court and members of the legal fraternity, to support Your Lordships in this noble task,” he said.
Rajeev Amarasuriya, President, Bar Association of Sri Lanka in his address said that justice is not merely the application of rules, but the pursuit of what is right, what is fair, and what is honourable. “To dispense justice is not to wield power, but to serve. By Court listening to all positions and views with patience, considering with fairness, and deciding with integrity, a judge becomes both the guardian and guide,” he said.
He added every case, however small, is a step toward restoring equilibrium in a society built on rights and responsibilities.
”It is not without symbolism that we refer to courts as Temples of Justice. Like temples, they are places of solemnity and quiet reverence. To sit in judgment is to enter that temple, as a steward of something far greater than oneself. A judge is entrusted with far more than just authority. Judicial life is not just a profession; it is a vocation. Similar to priesthood, it calls for a degree of seclusion, for the independence of one’s conscience to remain intact and unshaken. There are protocols and ethical limits necessary to preserve public confidence,” he added.
(See full text of speeches on
sundaytimes.lk)
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