The judges in Sri Lanka are currently facing numerous challenges in carrying out their duties, Supreme Court Justice Yasantha Kodagoda stated.
Justice Kodagoda pointed out that, as Sri Lanka follows the common law tradition, judges must carefully consider the various interpretations and opinions arising from published judgments of the country's superior courts.
Justice Kodagoda made these remarks while addressing the launch of the book "The Law Relating to Bail" authored by Attorney-at-Law Wijitha Kumarage.
Speaking further, Justice Kodagoda said that some magistrates across the country still handwrite their daily judicial work using nothing more than a ballpoint pen, despite the demanding nature of their responsibilities.
He noted that one of the most sensitive decisions a magistrate is required to make is whether to grant bail to a suspect or remand them in custody. Such decisions, he said, must be made within a limited timeframe after carefully assessing all the facts, documents and submissions presented before the court.
Justice Kodagoda stressed that while members of the public are free to agree or disagree with judicial decisions, they should not be quick to misunderstand or unfairly judge members of the judiciary, as public perceptions are often shaped by incomplete information.
Meanwhile, former Parliamentarian Premnath C. Dolawatte commented on the government's proposal to extend the retirement age of judges during a media briefing held in Colombo today (19).
Dolawatte said that if the government genuinely intends to utilize the experience of senior judges to address the backlog of court cases, it should first fill the eight judicial vacancies that have remained unfilled for several months.
He noted that under Article 107(1) of the Constitution, the appointment of judges is a power vested in the President, and questioned why those vacancies had yet to be filled.
Dolawatte further alleged that the government's failure to appoint judges raises concerns over its efficiency and questioned why the President was delaying the appointments despite the constitutional provisions.
He also claimed that several legal bodies, including the Bar Association of Sri Lanka (BASL), the Commonwealth Lawyers Association, the Law Association for Asia and the Pacific (LAWASIA) and other regional associations, have expressed opposition to the proposal.
According to Dolawatte, the government should first appoint judges to the eight vacant judicial positions before initiating any discussion on extending the retirement age of judges.
