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New SC judge, Justice Rohini Marasinghe at
inauguration:
‘Apex court judges should not be prisoners in an ivory tower’
Sarath Malalasekera
The relationship between the Executive arm of government and the
Judiciary should be a cordial one evoking mutual respect to each other,
new Supreme Court Judge Justice Rohini Marasinghe said at the ceremonial
sitting held yesterday at the Supreme Court to welcome her.
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Chief Justice Mohan Pieris, PC greets
new Supreme Court Judge Justice Rohini Marasinghe. |
“There is a most pointed reference to this relationship which Lord
Phillips, the Lord Chief Justice of England made in a speech to the
Commonwealth Law Conference, held in Nairobi, on September 12, 2007”.
Quoting Lord Phillip, Justice Rohini Marasinghe said, “I have always
believed that it is important, if possible, for judges to maintain good
relations with ministers. I have to date managed to achieve this, both
with the Home Secretary and with the Lord Chancellors - it is important
at such meetings the line is clearly drawn between what are and what are
not appropriate areas of discussion and ministers are, in my experience,
quick to accept if a topic is “off limits”.
The new Supreme Court Judge said sometimes laws are made by
parliament to provide the country with security and social justice. When
such laws come before the courts raising their Constitutional validity,
the Courts should take a broader view of the social policies engaged by
such legislation and show some consideration for its usefulness and its
larger benefits to the country.
There are many laws in many countries which are enacted targeted
towards social development and security concerns. The Judges when
considering the validity of such laws should not take purely a
legalistic view of the Constitution, but a broader view of its necessity
for securing social justice, social cohesion and economic development,
The judges in the apex court should not consider themselves prisoners in
an ivory tower.
They should periodically leave such an enclosure and commence a
dialogue with the Executive arm of government.
The Latimer House Guidelines to which I have previously referred
encourages the judiciary and the government to have periodical dialogues
without compromising judicial independence, Justice Rohini Marasinghe
said.
“We all swear an oath to administer justice without fear or favour
affection or ill-will. Judicial independence requires that judges should
be true to that oath. And if the rule of law is really to prevail, the
individual citizen must be confident that the judges will apply the law
to them without fear or favour affection or ill-will. Justice Rohini
Marasinghe emphasised -”I shall be true to that oath until I relinquish
my office and step down from this August office which I have now begun
to hold.”
Let me thank Chief Justice Mohan Pieris, PC other Judges of the
Supreme Court, Judges of the Court Appeal, High Courts, District Court
and the Magistrate’s Courts for honouring me by their presence at the
ceremonial sitting. I also thank the members of the Legal profession for
their presence.
Justice Rohini Marasinghe said, “it is with a sense of sadness that I
remember on this occasion the passing away of my parents and I recall
the day on which I embarked on this career, that was when I took my
oaths as an Attorney-at-Law 37 years ago, my mother whispered to my ear
and said, “success is yours but memories are mine”. The sadness I have
today is whilst having success I do not have my parents to share my
memories”.
The New Supreme Court Judge also thanked her husband Lakshman and
other family members and friends for attending the occasion.
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