Justice Imam’s career an example - Attorney General

Sarath Malalasekera

“It is a matter of rare distinction that Justice S. I. Imam was specially selected in 2008 as the Chief Guest to address the Iqbal Society which was inaugurated in 1949, in honour of Sir Mohammed Iqbal the internationally famed Philosopher, Thinker and Poet of India,” said Attorney General, President’s Counsel Mohan Peiris at the ceremonial sitting held at the Superior Court Complex to welcome the new Supreme Court Judge Justice S. I. Imam.

The patron of the Society founded in 1949 was then Pakistan High Commissioner T. B.Jayah with A.M.A. Azeez as its first President.

The Attorney General addressing the distinguished gatherings at the ceremonial sittings said, Justice Imam had brought a wealth of knowledge and experience both in criminal and civil law, gained as a practising lawyer for six years and as a judicial officer for more than 28 years, which would undoubtedly stand in good stead in discharging the onerous duties and responsibilities of this new office.

We at the Bar, appreciate Justice Imam’s quiet and gentle manner which was a notable feature in his tenure as the judge of the Court of Appeal. Justice Imam’s career is perhaps an example to be emulated which had been developed through consistent and sheer hard work which has culminated in earning the recognition, that is deserved and adequately rewarded by Justice Imam’s commitment and judicial experience.

Justice Imam as at all times treated all lawyers who appeared before him with courtesy irrespective of their seniority. Practitioners always had the assurance of a fair hearing.

The Bar today takes this opportunity to place on record its appreciation. We at the Bar have no doubt that Justice Imam will discharge duties as a judge of the Supreme Court described in the words of the Al-Qur’aan, “As a judge, who will not be led away by personal likes or dislikes, love or hate, in the steadfast witnesses for Allah in equity, that you deal justly and that as a follower of the Prophet will not unanimously agree in error”.

We at the Bar, wish Justice Imam a peaceful and happy tenure as a judge of the Supreme Court, in the hope that You will continue in the quest to uphold the rule of law, so that our people will be assured the peace and tranquillity of a just society.

You are joining the elite of service, not of social grandeur - and your membership of it can be a source of great personal satisfaction and no little pride.

You will not grow affluent on the remuneration that you will receive; your every judicial word and action and some other words and actions as well will be open to public criticism and the public esteem of the judiciary may erode by attacks that are both unjustified and unanswered.

But if, at the end of the day, you share with your colleagues whom you highly esteem a sense of service to the community by administering justice according to law, you will have a life of enormous satisfaction. Be of good and honourable heart, and all will be well.

On behalf of the institution of the Judiciary and the Bar. I thank you for your commitment.

Judge, therefore, aright between men, and yield not to any inclination of thy own, lest it cause it to turn aside from the way of God...”

Chapter 4, Verse 58, of the Qur’aan says:

“If ye judge between mankind, then judge justly...”.

My Lords, the primacy of the Qur’aan and the Sunnah over all other sources can be illustrated from many passages of the literature of Islam. We have that beautiful and simple example, when the Prophet appointed Muadh Ibn Jabal as Governor and Judge in Yemen, the prophet asked him.

It is therefore manifest that the Qur’aan and the traditions of the Prophet with other traditions such as the profoundly great teachings of the Buddha and of Christ and other holy Men were the roots of the law, while the opinions of jurists could be brought in by way of supplementation where the main sources were silent.

It is in the back drop of this very important tradition that we welcome you as a judge of the Supreme Court. May I have the indulgence of this Court to now turn to the events of note in Sojujourn on this earthly paradise. It is a matter of record that Justice Imam was admitted to the Bar, on February 21, 1974.

Justice Imam is the son of Professor S.A. Imam, of the University of Ceylon, who held the professorship by virtue of his scholarship in Arabic and Urdu. Your maternal grand father was late proctor M.A.S. Marikkar, a leading lawyer, in Kandy.

Justice Imam had his primary and secondary education at Trinity College, Kandy, which has produced many illustrious men including our own Chief Justice. Your Lordship excelled not only in studies, but also in sports, music and drama. Your Lordship was a recipient of numerous prizes every year.

After successfully completing the Law College Final Examination, Justice Imam was admitted to the Bar on February 21, 1974, and practised in Kandy as Counsel for almost six years.

During that short period, Your Lordship enjoyed a lucrative practice, and joined the Judicial Service as a Magistrate on March 1, 1980 and served in numerous courts until promoted as a district Judge on December 6, 1985. Later functioned as a district judge for a period of 12 years, until appointed a judge of the High Court on July 15, 1997. As both, district judge and high court Judge, and had served in various parts in the Island until being appointed a judge of the High Court on December 5, 2003.

Justice Imam was appointed the President of the Trial-at-Bar to hear the “Inoka Sewwandi” case, the finding of which had been upheld by the Supreme Court on appeal, and had participated in various seminars and conferences in Sri Lanka and overseas.

Justice Imam had followed a course in Evidence at Stanford University Law School in California in the United States of America and obtained a certificate of achievement in August 1983, issued by the renowned American Academy of Judicial Education.

Amidst the pressure of work as a judicial officer, successfully completed the Degree of Master of Laws, in May 1989 from the University of Colombo, specializing in international Economic Law.

It will be for you, in the fullness of time, to decide whether you have made the right decisions. I assure you and pray that you will find that it was. I wish to congratulate Your Lordship on behalf of the Bar and assure you of our fullest co-operation and wish you a successful tenure in office, good health and all happiness. May God bless you! Thank you.