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Justice without fear or favour : CJ

From Trincomalee correspondent

The Judiciary is committed and dedicated to serve the cause of justice without fear or favour, free of any kind of discrimination even to the slightest degree, said Chief Justice Sarath N. Silva.

Speaking as chief guest at the opening of the newly constructed court complex in Trincomalee on Sunday, he said the judicial sector has contributed meaningfully to strengthen conditions of peace and order in the regions which have been specifically affected due to conflict.

"Courts are functioning from Pothuvil at the lower end of the Eastern Province to Kayts and Point Pedro at the upper end of Northern Province. Many new buildings have been constructed in the Northern province especially in Vavuniya and Mannar," he said. The Chief Justice said the new Court House building was conceived, planned and implemented by the Legal and Judicial Reforms Project with World Bank funds.

A new court house complex is being constructed in Jaffna too and work has commenced, he said.

"The establishment of courts and the due administration of justice is a positive step taken towards normalising the day-to-day life in these parts. In terms of Article 105 of the Constitution, the courts 'protect, vindicate and enforce the rights of the people," the Chief Justice said.

"Our commitment to the rule of law requires that the rights of the people should thus be protected, vindicated and enforced according to the applicable law. If the provisions of the Constitution are to be meaningful to the people the administration of justice should be efficient, effective and easily accessible to the people."

The Chief Justice said as the law stands now, all appeals in civil cases are heard only in the Court of Appeal in Colombo.

"Since appeals in civil cases have to be instituted, heard and concluded in Colombo, there is a severe backlog of cases in the Court of Appeal in Colombo. The Court of Appeal is now hearing appeals that have been fixed as far back as 1995 reflecting a nine year delay," he said.

"As a solution to this serious crisis facing the adminstration of justice, we have strived for many years to have the Constitution amended so that appeals in civil cases be heard in circuit in different regions.

The proposal by the Minister of Justice and Legal Reforms for amendment to be made to the Constitution in this manner have now been accepted by the Cabinet of Ministers. It is the sincere hope that the amendments to the Constitution would be approved by Parliament on a bipartisan basis without any division. The new courts complex has been designed so that there will be sufficient space for the Court of Appeal to function in these precincts," he said.

The Chief Justice said: "Constructing this court complex is a step in our overall endeavour to take the administration of justice closer to the people so that the people would have greater confidence in our system. However we have to be mindful that such confidence is truly established only if we strengthen the honesty, transparency and effectiveness of our process."

Justice and Judicial Reforms Minister W. D. J. Seneviratna in a message said maintenance and upkeep of courts of law in this country in conditions that are conducive to the proper administration of justice has challenged successive governments.

"Since assuming office as Minister of Justice and Judicial Reforms, I have accorded the highest priority to improving the physical infrastructure of the courts of law on an acceptance that adequate facilities are as vital to the proper discharge of justice as is a sound legal culture and a substantive legal regime. My vision as Minister is to work towards improving all of these components with the cooperation of the Bench and the Bar so that the litigant will thereby derive the best out of our system," he said.

Attorney-General K. C. Kamalasabayson said a court of law is the temple of justice where an aggrieved person is given an opportunity to seek relief.

"It should symbolise and reflect the dignity of our judicial system. This has now been achieved with the construction of the new court complex. I am personally aware that for many years, a modern court house remained a dream of members of the Trincomalee Bar. Now that the dream has come true," he said.

President, Trincomalee Bar Association O. L. M. Ismail in his welcome speech said: "As we close one chapter and turn over to another the quest for peace is intense. Violation of the rights of individuals and communities is one of the prime causes for the conflict. Prompt recognition and protection of people's rights will go a long way to establish the foundation for a durable peace and co-existence."

District Secretary and Government Agent Trincomalee Gamini Rodrigo who attended the opening of the new courts complex building on Sunday on invitation had to go back with no seat provided for him at the meeting hall. He was present at the ceremonial opening of the building but the organisers had failed to provide a suitable seat for the GA. When he found there was no seat for him he has gone back without attending the meeting.

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