Chief Justice Preethi Padman Surasena says a country can be devastated and destroyed not only by a natural disaster and that a country can also be destroyed by a bad judiciary, in less amount of time.
“If that happens, no international donor or no international help will recover the country. Because the cause is such, the reasons are such, the devastation is so high.”
The Chief Justice made these comments while delivering a speech addressing the newly recruited Magistrates at the Sri Lanka Judges’ Institute on Wednesday (July 01).
Speaking on the legal profession, he said that the lawyer is also expected to conduct himself or herself in an acceptable manner as that is what the judicature says.
“The good, people with good repute, competence and knowledge can only be recruited, can be enrolled as attorneys-at-law. And thereafter also, once you enroll, your burden does not end. You have to keep maintaining it. Otherwise, there will be problems.
On the sovereignty of people, he explained that sovereignty has four major components: the executive power, the legislative power, the judicial power and then franchise.
“So, we are the third, the judicial power. Judicial power of people. So, you as the judge, exercise of the bench, what power? Judicial power of the people. You don’t bring that power from your home. Nor do we give you power. It is not the JSC which gives you power. Then who gives you power? The people. For whose benefit? Benefit of the people. That has to be borne in mind.”
He further said that the independence of the judiciary comes from the people who have inherited it from previous generations. “Independence of the judiciary as the intangible heritage. People have inherited from succeeding generations.”
The Chief Justice said that it is not the constitution which gives the judiciary independence as the Constitution only has a framework to support it. But that is not something which the constitution has given, he said.
“That comes from the history, from generation to generation as an intangible heritage. So the independence of the judiciary also belongs to people. There is only a framework to support, uplift and maintain and protect that thing in the constitution.”
“That is how people will protect their independence of the judiciary through the JSC,” he emphasized.
He stressed that the Judicial Service Commission (JSC) was instrumental in calling for applications, conducting the examination, sending the judicial officer candidates through rigorous scrutinization process, selecting them and finally to train them in order to preserve the independence of the judiciary in them for the people.
“Not to preserve independence of the judiciary for yourself. Centred only for yourself. That is the point I want to drive into your mind.”
“Some people think, oh I am a judge, I am independent. There is a thing called independence of the judiciary. I can do anything I like. No.”
“You see how difficult your job is. For the others who just watch and say he is the judge, he or she is the judge. This is the set of facts. I have to be satisfied of what he or she says. That is not the case. That also needs to be borne in mind.”
The Chief Justice also spoke on the importance of the judicial officers maintaining the trust and confidence people have reposed in the judicial system.
“Why have they reposed this trust and confidence? Is it because judiciary has money? No. Is it because judiciary has power? No. That is because of the feeling and confidence the people have that their disputes would be adjudicated by the judiciary in a fair manner.”
“It is with that expectation that people have confidence in the system. Having said that, there are a lot of courts scattered throughout the country. We need competent people to man all these votes.”
He further said:
“It is not by natural disasters alone that the country can be devastated and destroyed. A country can be destroyed by a bad judiciary also. A bad judiciary will destroy a country in less amount of time.
“If that happens, no international donor or no international help will recover the country. Because the cause is such, the reasons are such, the devastation is so high.”
