Dispensation sans delay and haste ensures optimal justice: Priyantha Fernando J.

Ceremonial Supreme Court Sitting to welcome Justice Priyantha Fernando to the Court of Appeal

"Dispensation of justice at optimal level means doing justice without undue delay and without undue hurry. The Bench and the Bar must be equal partners in performing this noble task," said Justice Priyantha Fernando, speaking at the ceremonial sitting held at the Supreme Court to welcome him as a Judge of the Court of Appeal, on Wednesday (23).

Speaking further, Justice Fernando stated that, during his 27-year judicial career, he always stood against condoning insincere and unethical delaying of cases. “That is because I believe in the duty of the court towards the litigant, as much as the duty owed by counsel towards the client. Frivolous technical objections are often taken by counsel, which cause delays in proceedings. Such conduct undoubtedly defeats the course of an effective and efficient system of justice. The resultant position is that, a litigant, being the most important in the system of justice, is made to suffer,” he pointed out.

"The Legislature too, periodically, brings in new laws by way of Amendments to existing laws, with the intention of expediting cases and curbing the law's delays," he observed. Justice Fernando, however, doubted such new Laws will succeed, unless there is a change of attitudes both of the Bench and the Bar.

“Unless a joint effort is made by the Bench and the Bar to expeditiously resolve disputes between the parties, those new laws also, can be misused or abused to prolong cases, defeating the objectives of the Legislature,” he added.

Justice Fernando mentioned with gratitude, the late Tivanka Wikremasinghe P.C., and Denzil Gunaratne P.C., under whom he worked initially, as an apprentice, and then as a junior counsel. “They are indeed great men of stature, blessed with humility and noble humane qualities, who moulded me to make me what I am today.”

Justice Fernando concluded with some advice that Mr Denzil Gunaratne P.C. had given him, when he was set to assume office as a Magistrate, that, "You must take your job seriously, but not yourself".

“This advice has guided me and will continue to guide me in time to come as well,” Justice Fernando stated.

Attorney General Jayantha Jayasuriya P.C., stated that the experi- ence Justice Fernando gained in 27 years, initially, as a Judicial Officer holding the office of Magistrate and District Judge, and the subsequent period of 10 years as a Judge of the High Court, had given him the opportunity to further enhance and strengthen the skills and competency that facilitate the holding of judicial office.

He said that many of the President’s Counsel and Attorneys-at-Law who were present on the occasion, as well as many others practising in outstation Bars where Justice Fernando had presided as a judge, would bear testimony to the fact that Justice Fernando was not an exception to the role model of a judge.

“Your Lordship’s appointment as Judge of the Court of Appeal is a clear testimony to the recognition of Your Lordship’s service to the judicial system of our country,” he stressed, while pointing out that Justice Fernando’s judicial career also extended overseas, with him having served in the High Court, Court of Appeal and the Supreme Court of the Republic of Fiji.

Welcoming Justice Fernando, President of the Bar Association of Sri Lanka (BASL), U.R. De Silva P.C., stated that. they were proud of Justice Fernando’s distinguished judicial career which followed dignity and integrity alike. “We, as the BASL, vow to continue to constructively engage with your Lordship, to reinforce the pillars of justice in the future as well,” he said.

I believe in the duty of the court towards the litigant, as much as the duty owed by counsel towards the client. Frivolous technical objections are often taken by counsel, which cause delays in proceedings. Such conduct undoubtedly defeats the course of an effective and efficient system of justice. The resultant position is that, a litigant, being the most important in the system of justice, is made to suffer