Publishing book in the field of Intellectual Property Law:

CJ commends Judge's effort

BY SARATH Malalasekera

'I have to wholly commend and congratulate High Court Judge, K. T. Chitrasiri for his painstaking efforts, dedication and the highest possible commitment to duty and for producing a valuable book containing his decisions in the field of Intellectual Property Law being one component of the work of the Commercial High Court,' said Chief Justice, Sarath N. Silva PC, at the launching of the book titled "Decisions on Intellectual Property issues of the Commercial High Court of Sri Lanka" by High Court Judge, K. T. Chitrasiri.

The Chief Justice delivering the keynote address in the presence of distinguished gathering including Attorney General, K. C. Kamalasabeyson PC, Court of Appeal President, Justice, Andrew Somawansa and the Judges of the Court of Appeal, Commercial High Court Judge A. W. A. Salam, Colombo District Judge and Additional District Judges, Colombo Chief Magistrate and Additional Magistrates, Director, Intellectual Property, Dr. D. M. Karunaratne, Faiz Mustapha (PC), Ceylon Chamber of Commerce Chairman, Deva Rodrigo, K. Jayatilleke said that the writing of a judgment is done on the basis of quiet penetrative reflection, with rectitude and an equanimous mind.

The more important judgments of the Superior Court (Supreme Court, Court of Appeal) are published in our Law Reports. Soon they would be accessible on the web-site of the Legal and Judicial Reforms Project-Sri Lanka, Lawnet. But the judgments of the High Court are not reported. But they are important to persons in the commercial world.

About two years ago we commenced a program of collecting all the judgements of Judges in the minor judiciary. Judgements delivered by each judge is collected separately. Now there are volumes of these judgments and form a record of their performances as Judges.

They are perused by the Director and Deputy Director of the Judges Training Institute being highly respected retired Judges of the Supreme Court and the Court of Appeal and use to assist judges in the training program of the Institute. We attach the highest significance to the training of Judges.

After I assumed office five and half years ago, the Chief Justice's Official residence was handed to the Judges Training Institute and to operate a Computer Training Centre for Judges and the Court staff, the Chief Justice said.

The Chief Justice added, "Today's function has been arranged with broad objective of placing before you our perspective or to state it in more simple words, our side of the story as regards the administration of justice and the problems encountered by the people in that process.

These problems have been historically brought within the catch-all phrase "Laws Delay". When I refer to our side of the story, it is from the side of the personnel entrusted with the task of administering justice or exercising judicial power.

Although described as judicial power from the point of its effect or impact, we consider it as the discharge of judicial duties and responsibilities," the Chief Justice said.

The focus is on the Commercial High Court and the main event is the launching of a book containing important Judgements/decisions of a Judge who has been functioning in the Commercial High Court for some years with great acceptance of one and all.

This book depicts and exemplifies the discharge of his judicial duties and responsibilities.

I have often remarked that while the Judge decides on the matters before him in a continuing process his performance is evaluated and judged on the quality and strength of his judgments. Our decisions are not mere pronouncements.

The Chief Justice said at the point of initial recruitment a judicial officer undergoes a training programme for 6 months at the institute, with a daily routine of the morning with a sitting Judge and the afternoon session at the Institute.

There are refresher programs done every Saturday for batches of 20 to 25 at the Institute conducted by Judges of the Superior Courts or High Court.

For all this, the annual grant voted by the Parliament is a princely sum of Rs. 1.2 million for the year.

We have been able to operate these programs solely because of the funding provided by the Legal and Judicial Reforms Project of the World Bank (LJRP).

Our repeated requests for extra funds for training, maintenance of Court buildings, stationery and office equipment have unfortunately fallen on deaf ears. The revenue collected by Courts by way of fines running into several millions go to Provincial Councils that contribute nothing by way of expenditure to our system.

A proposal repeatedly made by me that 10% of the fines collected be set apart for maintenance of court buildings and for office expenditure, has not been accepted.

The Commercial High Court established in 1996, was located on the third floor of a building formerly used by the Colombo Law Society. It was one of the most inaccessible and uncomfortable places in Hulftsdorp. We made use of the refurbishment program of the LJRP to locate two courts in spacious premises at ground level.

The court houses are air-conditioned and suitably equipped to carry out the functions that have been placed before you in the power point presentation.

To sum up, I can with confidence repeat the last statement in the power point presentation that, the intended object of setting up the Commercial High Court has now been achieved.

"When our systems of adjudication are transparent, honest and effective parties to commercial transactions need not seek to strengthen their arm with special laws and special powers. Commercial activity will flourish only when there is a level playing field; competition is assured and all parties derive the equal protection of the law," the Chief Justice emphasised.

Commercial High Court Judge K.T. Chitrasiri delivering the welcome address said that he was deeply privileged to welcome the distinguished guests who are present at the launching ceremony of his book.

I also warmly welcome Ms. Shamalee Gunawardena of the Legal and Judicial Reforms Project who assisted me in numerous ways to organise this event, Judge Chitrasiri added.