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Court Complex for Trinco: Significant event in country's history -Chief Justice

by Trincomalee correspondent

Chief Justice Sarath N. Silva who laid the foundation for a courts complex in Trincomalee on Wednesday, said the event is significant and historic as it is the first time in the country's history a new courts complex will be constructed in Trincomalee.

Courts have been held in old and dilapidated buildings constructed for different purposes. The High Court sits in a rented building which in no way befits the jurisdiction this court is vested with, he said. CJ Silva said there is no space for a Labour Tribunal to function in Trincomalee.

It is therefore a great step taken in the process of the administration of justice. The new building will house all courts necessary for this area under one roof. This will benefit the public who attend these courts, the Attorneys-at-Law and the judges who preside over these courts. This event is also significant since it is the first major constructions work undertaken by the Legal and Judicial Reforms Project, he said.

The Chief Justice said several years ago, the Legal and Judicial Reform Project realised the need to undertake a major reform in the legal and judicial sector, specially in the area of commercial law and practice. It was found that the project would involve the infusion of large measure of resources - a large expenditure in terms of money beyond the capacity of the government in view of other commitments.

It was in this context that World Bank assistance was sought and finally after a protracted and gruelling process of evaluation and negotiations, a concessional loan was secured from the International Development Agency.

"While this project involves the refurbishment of nearly all the courts in the country, the project has undertaken the construction of only two court complexes. The first one will be in Trincomalee and the second will start in Jaffna in a few months.

"The large and magnificent building which will come up here will have floor area of 36,210 square feet and have three storeys which can accommodate six court houses with all facilities. The total estimated cost exceeds Rs. 70 million. This is in every sense a worthwhile investment to strengthen the administration of justice and rule of law in the country," he said.

Chief Justice Silva quoting from the English Constitutional Jurist A. V. Dicey who attributed several meanings to the phrase Rule of law, stated in the first place no person is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. Secondly it means that no person is above the law and that every person whatever be his rank or condition is subject to the ordinary law of the land and amenable to the jurisdiction of the ordinary courts.

Quoting a verse from Thirukkural, he said: "The heavens will not send showers in their season if the ruler swerveth from justice and right", and quoting the last verse of the Maha Piritha a sacred chant of Buddhists he said: "Showers in the right season assures prosperity and peace which results from upholding justice and right".

District Judge Anton Balasingham, Trincomalee Bar Association President, Pradeep Rupasinghe, Senior Attorney-at-Law at the Trincomalee Bar O. L. M. Ismail, Samantha Wijesundera of the Legal and Judicial Reforms Project, Mervyn Gunasekera representing the construction company and Secretary of the Trincomalee Bar Association R. Thirukumaranathan also spoke.

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