No Court can function without industrious Bar - Justice Salaam

Sarath Malalasekera

COLOMBO: It is widely accepted that no court can satisfactorily perform its duties unless it is privileged to have a strong, intelligent and industrious Bar. Undoubtedly the Sri Lankan Bar has earned such a worldwide reputation, said new Court of Appeal Judge, Justice A.W.A. Salaam at a ceremonial sitting at the Superior Courts Complex to welcome him and the new President of the Court Appeal Justice K. Sripavan.

A commendable step taken in the recent past to achieve such an objective was the amendment proposed to the Constitution of the Socialist Republic of Sri Lanka, to restructure the Court of Appeal to exercise additional jurisdiction at five circuits at such places to be designated by the Chief Justice, Justice Salaam said.

Justice Salaam said undeniably it is a proposal made for the welfare of the public at large to accommodate

 several Regional Courts of Appeal within the system. It is quite unfortunate that the Bill identified as the 18th Amendment to the Constitution to increase the maximum number of the Judges of the Court of Appeal from 11 to 21, did not see the light of day. It is common knowledge that the abandonment of the Bill in question obviously shattered the hopes of expeditious disposal of civil appeals.

Justice Salaam added the privilege has fallen to me to express my gratitude to the Attorney General, President of the Bar Association of Sri Lanka and all others for being present on this occasion which I consider a compliment not so much personal to me but an honour extended to this institution of which I am by chance nominated to be the latest addition.

Incidentally, this day on which we have gathered here today is of much significance to every human being living on this earth as it coincides with the International Day for Elimination of Racial Discrimination.

If at all I have ever achieved any success in my career as a Judge, it is my candid opinion that every credit of it should go to the Bar. Whatever satisfaction it has given me in resolving the disputes of parties, particularly in the recent past, as a judge of the Commercial High Court it is largely due to the extremely careful and precise nature of the arguments placed before me by the Bar.

The untiring efforts gifted with the inventive skills the Chief Justice, to meet the several challenges involved in the laws delay and to ensure that the abandonment of the proposed 18th Amendment to the Constitution does not adversely affect the people, “The High Court of the Provinces (Special Provisions) (Amendment) Act was enacted by Parliament, in December 2006.

The amending Act confers concurrent jurisdiction on the Provincial High Courts to exercise appellate and reversionary jurisdiction in respect of judgments, decrees and orders of the district court. It is the legitimate expectation of the people that the drastic changes introduced in relation to the disposal of civil appeals should usher in an entirely a new and enlightened chapter in the legal history of Sri Lanka.

The changes thus brought about will be considered as unique, due to the accelerative effect it will undoubtedly have on the disposal of the civil appeals presently piled up in our courts.

It is quite appropriate in this context to observe that this marvellous innovation of the Head of the Judiciary of our country is capable of giving the people justice nearer at hand and relatively at a smaller cost.

The confidence and trust reposed to by the legislature in the Judges of the Civil Provincial High Courts and outstation Bar to assist such Judges to dispose of them, need to be emphasised.

As far as my appointment to this court is concerned I would like to say with all sincerity that it is hardly possible to fill the void created by the departure of many a judges of this Court by the nominations such as that of mine.

However, all what I can do is to endeavour in my own small way to strive to perform the task ahead of me, ever mindful of the high ideals and noble examples set by our predecessors in office.

In my endeavour to achieve this, I shall continue to seek your cooperation and assistance, without it, the just determination of issues before court is hardly possible. I request of you to bear testimony before God, as to my conduct, for it is my conviction that, sooner or later I am bound to be judged in a court which requires no evidence either direct or circumstantial or for that matter not even oral of documentary.