Legal fraternity committed to uphold judicial traditions - Justice Balapatabendi

Razeena Razick

COLOMBO: The Legal fraternity are duty bound to safeguard and uphold the judicial tradition said new Supreme Court Judge, Justice Jagath de S. Balapatabendi, at the ceremonial sitting of the Supreme Court yesterday.

The ceremonial sitting was held at the Superior Courts Complex to welcome him.

Associated on the Bench with Chief Justice Sarath N. Silva PC, were justices Shirani Bandaranayake, Nihal Jayasinghe, Shiranee Tilakawardena, Nimal E. Dissanayake, Raja Fernando, Nimal Gamini Amaratunga, Saleem Marsoof PC, Andrew M. Somawansa and Jagath Balapatabendi.

The Judges of the Appeal Court, Colombo High Court, District Court, the Colombo Chief Magistrate and Additional Magistrates were accommodated on the dias.

President's Counsel, Senior and junior members of the Official and Unofficial Bar, close relations of the new Judge, were among the distinguished gathering.

Registrar of the Supreme Court Bandula Atapattu and private secretary to the Registrar Nilmini de Silva officiated.

"I believe the seat for justice is a place for the performance of divine function to discharge the duties by doing Justice, with humility, without any trace of arrogance and without fear or favour, guided by the Rule of Law. The Rule of Law is important but the principles of Justice should be paramount."

The new Supreme Court Judge said that......

"I assume this high office today, with humility and respect for the law prevailing in our country. I am mindful of the onerous nature of the duties I would now be called upon to perform in this exalted office, as a Judge of the Supreme Court, which is the Apex Court of our country.

It would be my endeavour to uphold the high traditions of this Bench. I should do nothing that will impair the integrity, dignity and authority of this Court."

I am privileged to be associated with Honourable Judges of this Court, who have acquired vast legal knowledge, wisdom and experience. Today is a very important and memorable day in my life, and in my judicial career. On an occasion of this nature, I am compelled to recall little of my humble past. I had my education at Richmond College, Galle, and entered Law College in 1969.

I joined the legal profession in March 1973, after few months of practice with a close relation of mine in Gampaha Courts, I optimistically decided to go to Pugoda Courts to practise with its inception in January 1974, when I left the Unofficial Bar to join the Attorney General's Department as a State Counsel in the latter part of 1975, I had an extensive practice in the Pugoda Courts.

The experience that I have gained for about 3 years as a practising lawyer and over 4 1/2 years as a State Counsel in the Attorney-General's Department proved to be invaluable help to me and stood me in good stead when I assume duties as a Magistrate in 1979.

Thereafter during my judicial career for over 27 years, I have served as Magistrate, a District Judge, a High Court Judge, a Judge of the Court of Appeal and as the Court of Appeal President, I would be happy to mention that I have always received the whole hearted and unstinted co-operation of the members of the Bar, not only in Colombo but also in every outstation Courts I served in.

The strong tradition of impartial justice in our country is symbolised in the tradition of kings having bells outside their palaces for which victims of injustice may ring the bell to bring such injustice to the notice of the king himself, with the assurance that the justice will be done impartially even the king's own son is involved.

The Buddhist notion of Justice, that it stands above the authority of kings. It is a sacred obligation and an onerous duty which the judiciary by virtue of their office owe the people of this country. In a democratic set-up an independent Bar means independent judiciary.

A Judge has to be personally independent, it was the sum total of Judges that would go to form an independent judiciary.

Independent Judiciary is the lawyers only safeguard against arbitrariness, thus it is the duty of the Bar to protect the judiciary from insidious criticism.

The Bar is one of the most important constituent bodies in the administration of justice, the Bar at present is the Bench in future. A strong independent Bar is a 'sinequa non' for an independent judiciary, and they together constitute the essential basis for democracy.

Justice Balapatabendi said, It was a major breakthrough achieved by the Supreme Court in our country in bringing justice closer to the large masses of people. It is mostly the privileged classes who had been able to approach the Court for protecting their vested interests.

But for the last few years portals of the Court were thrown open to the poor, the ignorant and the illiterate with the result that their cases started coming before the Supreme Court through Public interest litigation. The have-nots and the handicapped, the poor, began to feel, that there is an institution to which they could turn for redress aginst denial of their rights.

They could seek protection against the Government lawlessness and administrative deviance. The Supreme Court became a symbol of hope for deprived and vulnerable sections of our Country.

'I thank you all the members of the official and unofficial Bar (retired Justices retired Judges) the Judges of the Court of Appeal, High Court, District Court, and the Magistrates, and all my friends and relations for being present here this morning.

I am thankful to my wife Sunila, three sons Isuru, Pahan and Akalanka for providing me the blessings of a happy home. Also my sincere thanks to my brother and two sisters for their assistance.

Finally, I remember with gratitude and respect all my teachers at my alma mater Richmond College, Galle, who guided me in the correct path to achieve this high position, a Judge of the Supreme Court of Sri Lanka.