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| Friday, 17 September 2004 |
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CJ heartened by significant increase in legal literature by Sarath Malalasekera Chief Justice Sarath N. Silva PC receiving the first copy of the Code of Criminal Procedure authored by Senior Attorney-at-Law Upali Senaratne said he was heartened by the significant increase of legal literature in the country. "Mr. Upali Senaratne's work on the Code of Criminal Procedure should be considered a rich contribution to this growing body of legal literature," he said. Senaratne handed over the first copy to the Chief Justice at his Chambers on Wednesday. The classical notion of the purpose of law is that it is intended for the preservation of peace, order and good governance. The Code of Criminal Procedure could be described as the main functional law of the preservation of peace and order. The penal Code defines the various offences that are punishable and the basis of liability, the Chief Justice said. The Code of Criminal Procedure is not restricted to proceedings in Court. Firstly, it sets out the law applicable for the maintenance of peace and order, prevention of breach of the peace, dispersal of unlawful assemblies, abatement of nuisances and the investigation of offences. Therefore, it contains the different types of procedures in criminal courts and finally hearing of appeals and execution of sentence. Considering its wide ambit the knowledge of criminal procedure should not be restricted to the legal community but freely imbibed by all members of the society, the Chief Justice Silva said. He said the law enforcement authorities including Police should be very familiar with its provisions and implications. "Mr. Senaratne has followed the system contained in the previous Digests by setting out sections and significant decisions of the Superior Courts as to the interpretation of these sections. The decisions are set out in a lucid manner, and could easily be comprehended even by a layman," the Chief Justice said. The author received his education at St. Bede's College, Badulla and Dharmapala Vidyalaya, Pannipitiya. While Senaratne was studying for his B.Ed at the Colombo University, he was admitted to Law College as an advocate student. Senaratne apprenticed under Senior Attorney A.C. de Soysa. Senaratne appeared in the Father Mathew Peiris' murder case as a junior Counsel with President's Counsel R.I. Obeysekere. He was the senior Counsel in the Ratnasiri Wickramanayaka attempted murder case. Widely travelled, Senaratne had addressed several international conferences in the UK, the USA, the Netherlands, Italy, India, Malaysia, the Philippines and Japan. Code of Criminal Procedure will be officially out in mid November and will benefit young lawyers and law students, Senaratne said. |
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