Misunderstandings could erode citizens’ faith in the judiciary: Justice Karunaratne
It cannot sufficiently be emphasised that the acceptance of judicial decisions by citizens and the Government is crucial in sustaining peace, welfare and good governance, said newly-appointed Court of Appeal President, Justice Nishshanka Bandula Karunaratne.
“We all live through a time of unparalleled crises, and almost none is immune to their adverse repercussions. In such a volatile period the judiciary's task is particularly daunting as the general public often look up to us to resolve issues that might not have been brought before courts for which there could be no precedence. Thus, making the role of judiciary formidable and intricate than ever before,” said Justice Karunaratne. He was speaking at the Ceremonial Sitting held to welcome him as President of the Court of Appeal and Justice Muhammad Ahsan Razik Marikkar as a Judge of the Court of Appeal.
He added that the Judiciary often comes in for public criticism, as the ethical values and the general public’s perceptions might conflict with the decisions that the judges have been compelled to take, relying on rules, regulations and governance responsibilities they necessarily need to adhere to. “Unfortunately, such misunderstandings might erode the citizens’ faith and confidence in the judiciary.”
According to many studies, the attitudes of the general public vary depending on the level of democracy attained by a country and the political awareness of its people. People tend to be skeptical about judicial decisions in countries where the standards of democracy are inferior but rightly or wrongly, demonstrate a higher political awareness. Nevertheless, judges consider maintaining public trust in judiciary as pivotal when considering the conduct of the judicial officers, both inside and outside courts, Justice Karunaratne stressed.
“Judges too, like any other category of professionals, are sensitive to the way they are regarded by the general public and their evaluation of judicial decisions. Sadly though, matters relating to judicial decisions are far more complicated and intricate, and frequently go beyond the scope of an ordinary layman’s comprehension. Therefore, in my view, it’s incumbent upon the judges to explore reasonable and justifiable means of responding to such unwarranted criticisms,” he asserted.
“With my long and extensive experience in executing justice, I can vouch for the dispensation of Justice to the letter, without fear or favour. I assure the large audience assembled here of my unrelenting dedication and commitment to the cause of Justice,” said the new President of the Court of Appeal.
Acknowledging the warm welcome accorded to him, Justice Muhammad Ahsan Razik Marikkar noted that it was an appropriate occasion to reflect on the golden threads of “The independence, honesty, and integrity of the Judiciary.”
“These laudable concepts cannot be advanced and nourished without the active participation and assistance of a strong Bar, and only when the Bar becomes a strong component of the legal system that this concept can be fortified and translated into reality.”
He said he was thankful to the Chief Justice for giving him the opportunity to work in the Commercial High Court for almost six years, “an uncommon feat, giving me unprecedentedtime to attend to improving the infrastructure of the Commercial High Court. During this period, I was able to work with USAID and introduce virtual hearing and video conferencing to the Commercial High Court.”
He emphasised the importance of using technology. In this day and age of modern technology, the Bench, and the Bar of Sri Lanka must make advancements in making maximum use of the gains and benefits of technology in order to catch up with other Asian countries such as Singapore, Malaysia, and India where e-filing is a familiar practice.
“We will be hindered in our development if we as Sri Lankans are not progressive in taking advantage of today’s technology,” Justice Marikkar warned.
Attorney General Sanjay Rajaratnam, PC said that there is no doubt that both Justices richly deserved and are well-equipped and experienced to undertake the responsibilities and discharge the functions of this onerous and exalted office.
“Your Lordships’ appointment will strengthen, embellish and fortify the quality of justice delivered by this Court. You are both renowned for quality speedy justice and I have no doubt that Your Lordships will play a pivotal role in the efficient disposal of cases by this Court,” he further said.
Although the Supreme Court is described as the court of last resort, in reality for most litigants it is here in the Court of Appeal that their quest for justice ends, and their fate decided upon, said Bar Association of Sri Lanka (BASL) President Saliya Pieris, PC.
“Your Lordships and Ladyships play a key role in deciding the fate of the lives, rights and properties of the people who come before this court and hence the importance of the responsibilities that Your Lordships assume,” he told the Judges.
“Your Lordships Justice Karunaratne and Justice Marikkar bring to this court varying and vast experiences in the original courts and it is our hope that you will enrich this court and contribute to the quality of justice that is meted out,” the BASL President added.
Judges too, like any other category of professionals, are sensitive to the way they are regarded by the general public and their evaluation of judicial decisions