Supreme Court Judge Murdu Fernando, PC, who was sworn-in as the Chief Justice before President Anura Kumara Dissanayake at the Presidential Secretariat enters history as only the second female Chief Justice in the country.
Her appointment as the 48th Chief Justice received approval from the Constitutional Council. She began her career at the Attorney General’s Department in 1985, rising through its ranks to become Deputy Solicitor General in 1997 and Additional Solicitor General in 2014. With over three decades of service as a State Counsel, she was appointed to the Supreme Court in March 2018. As the most Senior Supreme Court Justice prior to her appointment, she has played a significant role in shaping Sri Lanka’s legal landscape.
With the retirement of former Chief Justice Jayantha Jayasuriya, the mantle naturally passed on to Fernando, who has earned a reputation for astute judgements and sound legal reasoning. Her appointment also brings back dark memories of how Sri Lanka’s first female Chief Justice Dr. Shirani Bandaranayke was impeached almost overnight by the Mahinda Rajapaksa administration over a decade ago after the Supreme Court gave a verdict that irked the powers that be in that Government.
The decision to impeach her proved beyond any doubt their utter contempt for law and order and justice. Before this ugly episode, the same administration had disregarded or defied several Supreme Court judgements and also distorted laws for the benefit of its yesmen. The Aragalaya that ultimately drove another Rajapaksa out of power was borne out of public frustration over the sordid conduct of politicians from both main political streams in the country.
In the National People’s Power (NPP), they saw an alternative that would actually implement the “System Change” demanded by the Aragalaya. These need not necessarily be revolutionary steps per se – even small things such as doing away with motorcades and MPs’ pensions are praiseworthy. Now the Government and Chief Justice Fernando, along with other justice officials face the onerous task of restoring law and order and also public confidence in the justice system, which had been eroded to a great extent under previous administrations.
The first rule of justice is that law and order should apply to all. This is a country where a girl who stole three coconuts from the land next door received a heavy prison sentence while a politician found guilty of misappropriation of millions of rupees got away with a Rs.2,000 fine. Another politician, asked to present himself in Court over the alleged embezzlement of Rs.400 million, trotted out the excuse that he was bitten by a Russell’s viper that same morning.
Likewise, we have never seen a police officer stopping a politician’s or an Armed Forces officer’s car for crossing a red light or double white lines. In other countries, even Prime Ministers have been fined for speeding and not wearing seat belts. In another instance, the sitting President’s daughters in a Western country were charged by Police after they were caught for underage drinking. We should achieve the same level of equality before the law and also create an atmosphere for police officers to deal with all law breakers equally regardless of their societal or political status, without fear of repercussions and reprisals.
The other major challenge is ending the law’s delays, a process that should involve the Justice Ministry, Attorney General’s Department and the Police. As the saying goes, “Justice Delayed is Justice Denied”. Some Court cases are known to drag on for several decades, during which time some of the litigants, lawyers and law officials even go to the Great Beyond. If possible, a reasonable time frame, say three years, should be formulated for resolving cases in all Courts. Where needed, special courts could be established and new procedures adopted. It is also doubtful whether the digitalisation of the Court system has contributed in a meaningful way to reduce the workload of Judges and Courts. Remote video evidence systems, though available in some courts especially for minors who are victims of rape and incest and others who may need that facility, are rarely used. Such shortcomings should be addressed.
There is also the challenge of reducing the prison population. Our prisons are bursting at the seams as many minor offenders who cannot afford to pay the fines imposed by Courts end up in jail. There should be another alternative such as community service whereby such offenders can render some service to society whilst repenting their mistakes. In most other countries, they are released back to society with a GPS tracking device installed in their person, so that they cannot go beyond their city or province. These systems are not very expensive and can easily be implemented.
Although Police often announce rewards for information regarding serious crimes, very few eyewitnesses come forward, lest they be identified and targeted by the perpetrators still at large. Sri Lanka does have a Witness Protection Programme in place, but it should be strengthened. In many other countries, such witnesses are “disappeared” and given completely new identities and appearances. There should be a similar system here. Indeed, we hope the new Chief Justice will face these multiple challenges with aplomb.
