Connect with us

News

Outgoing CJ emphasises ethical integrity, constitutional values, and collaborative legal development

Published

on

CJ Fernando addressing the BASL symposium (pic courtesy BASL)

Outgoing Chief Justice Murdu Fernando, PC, has emphasised that the judiciary must not only defend the Constitution but also act as its active stewards. “If the Constitution is the beating heart of our country, then the citizens who are sheltered by it will be the blood that flows along its veins.”

In support of this view, she cited the renowned legal philosopher H. L.A. Hart:

“What surely is most needed in order to make men clear sighted in confronting the official abuse of power, is that they should preserve the sense that the certification of something as legally valid is not conclusive of the question of obedience … its demands must in the end be submitted to a moral scrutiny.” Ms. Fernando said

This, she said, demands that legal validity be rooted in ethical legitimacy.

She was addressing the inaugural session of the BASL Legal Symposium 2025 at Hikkaduwa.

The Chief Justice stressed the importance of ethical integrity, constitutional values, and collaborative legal development in steering Sri Lanka towards a “Just Republic.”

This was the first Legal Symposium of the Bar Association of Sri Lanka, held after the assumption of office by Rajeev Amarasuriya as the President of the Association.

In her keynote address, The Chief Justice expressed appreciation to the Bar Association of Sri Lanka (BASL) for organising these Legal Symposiums and commended its efforts to engage outstation branches with the same vigour as its Metropolitan counterpart. “This symposium, hosted in the South, amply showcases the BASL’s recognition of its outstation branches,” she noted, praising the inclusive outreach.

The Chief Justice urged continued commitment from the BASL in advancing justice, describing the symposium as a gathering “united by a shared commitment for the advancement of justice in Sri Lanka or a ‘Just Republic’”.

Reflecting on the rising public concerns about the legal system, the Chief Justice acknowledged the challenges posed by archaic or unresponsive laws. “Some speak up stemming from their fair share of disappointment, Some talk to correct them, some to make a mockery of the legal system,” she said, underscoring the need for legal renewal in an evolving society.

Ms. Fernando emphasised that the law must begin with its “moral compass,” pointing to ethics as the foundation of justice. “Ethics are not a burden. It is the heartbeat of our profession. If we lose it, we lose the legitimacy of our very system which we tend to serve.”

Highlighting the importance of harmony between the Bench and Bar, she stated that “institutional bridges need be built,” adding that “diverse views should be tolerated” in pursuit of a resilient judicial system. Her Ladyship urged for a culture of respectful engagement rooted in constitutional values.

Turning to the Constitution, the Chief Justice described it as “the central law of the land,” likening it to the bark of a tree—”the bridge between the roots, the values of our culture and heritage, and the branches which are the legal texts and statutes.”

Quoting American jurist Oliver Wendell Holmes, Her Ladyship reminded the audience that “the life of the law has not been logic: it has been experience,” arguing that legal development must be responsive to the country’s changing social and technological realities. “Sri Lanka cannot afford a judicial system frozen in time,” she stressed.

In strong support of the Bar Association’s mission, the CJ praised the BASL as a “guardian of standards and a conscience of the profession,” highlighting its unique position to influence both legal reform and the ethical climate of the country. “At its finest, it has proven how a professional association may also function as the legal system’s conscience.”

Ms. Fernando recognised the BASL’s efforts to eliminate regional and social inequities within the legal community and promote diversity. “Justice, in order to be truly accessible, must begin with a legal profession that represents the variety of the people it serves.”

Calling for continued vigilance and independence from the BASL, the Chief Justice urged the Association to never become “an instrument of expedience,” but rather a principled institution willing to “speak truth to power… as a matter of principle.”

Concluding her address, Her Ladyship quoted Justice C.G. Weeramantry: “Law is too important to be left to lawyers alone. It must engage the minds and hearts of the whole people.” She reaffirmed the judiciary’s and BASL’s shared duty to build a legal culture based on “principle, courage and compassion.”

“This Legal Symposium,” she concluded, “will be a crucial step in ensuring this commitment. May it be more than a conversation but the start of a renewal. For justice denied anywhere diminishes justice everywhere.”



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest News

Promoting Local Industries is a key priority of the Government – PM

Published

on

By

Prime Minister Dr. Harini Amarasuriya stated that promoting the local industrial sector is one of the key priorities of the Government.

The Prime Minister made these remarks while attending the official opening ceremony of the INCO 2026 Industrial Exhibition on 13 th of March, which is being held for the 20th consecutive year at the BMICH Exhibition Center.

The INCO 2026 Industrial Exhibition, organized by the Institution of Incorporated Engineers, Sri Lanka (IIESL), will be held from March 13 to 15.

Addressing at the event, Prime Minister  stated:

“The engineering sector is a key driving force in addressing practical challenges faced by a country while enhancing efficiency and safety. In particular, the contribution extended by exhibitions of this nature encourages the student community to engage in innovation.

The Government has implemented several measures to accelerate the country’s industrial development. Notably, the National Industry Information System (NIIS) has established a centralized digital platform to collect data related to the country’s economic and industrial activities. The Government is also taking steps to provide necessary financial support to industrialists through Revolving Funds.

It is also noteworthy that this year’s exhibition has attracted international participation, creating opportunities for local entrepreneurs to explore new markets and gain exposure to international technologies. With the participation of engineers, students, and entrepreneurs, this exhibition marks an important step toward the country’s industrial future”.

The event was attended by the Chairman of the Export Development Board Mangala Wijesinghe, Chairman of the National Paper Company Limited  Upali Rathnayake, President of the Institution of Incorporated Engineers, Sri Lanka Engineer Ananda Gunawardena, along with local and foreign investors, entrepreneurs, and industrialists.

(Prime Minister’s Media Division)

Continue Reading

News

Crypto loopholes funnel Lankan funds abroad

Published

on

Chief Magistrate draws CB attention to massive drain in foreign exchange through cryptocurrency deals

Colombo Chief Magistrate Asanga S. Bodaragama yesterday observed that loopholes in actions carried out by State financial institutions, under the Foreign Exchange Act, had enabled funds in Sri Lanka to be transferred overseas, through cryptocurrency transactions.

The Magistrate said immediate steps should be taken to curb such activities and to educate the public, and directed that the matter be brought to the attention of the Central Bank of Sri Lanka.

He noted that cryptocurrency transactions carried out, using modern technology without approval from the Central Bank, had taken place without adequate public awareness, adding that incidents of the nature were increasingly being reported before courts.

The Magistrate observed that investigations into such incidents appeared to be confined to court proceedings alone and emphasised that the Central Bank, as the country’s principal financial regulator, together with other relevant institutions, should take appropriate measures and raise public awareness in the interest of the public and the country.

He also said the Criminal Investigation Department and the Central Bank should take steps to educate the public on such financial frauds and introduce a proper mechanism to address the issue.

The court further observed that many individuals had exploited loopholes in the Foreign Exchange Act and related procedures to commit financial fraud, and stressed that the Central Bank should take necessary action upon being apprised of such matters.

The Magistrate made these observations when a case relating to an alleged Rs. 290 million fraud at a well-known private bank was taken up before court yesterday. The suspects are alleged to have fraudulently obtained public funds through cryptocurrency transactions using accounts on Binance.

The Magistrate also directed the Criminal Investigation Department to expedite investigations into the disappearance of Rs. 290 million and report progress to court.Observing that the incident was not an ordinary case, the Magistrate instructed the CID to take prompt action to prevent similar frauds carried out through Binance platforms.

Making further observations, the Magistrate noted that the suspects had been produced before court, over the past three months, in connection with the incident, and stressed that investigations should be completed promptly by gathering all relevant information.

He earlier observed that the case did not involve a minor offence, such as ordinary theft, but a serious matter concerning the fraudulent misappropriation of public funds, through Binance accounts, and emphasised the need for swift action to prevent such crimes.

Nineteen suspects, connected to the incident, had earlier been remanded and subsequently released on bail.

The case was fixed to be called again on 15 May .

Continue Reading

News

SLCERT urges Lankans not to get gypped by internet scams in run-up to festive period

Published

on

The Sri Lanka Computer Emergency Readiness Team (SLCERT) has issued a public advisory urging internet users to exercise caution when engaging with online advertisements in the run-up to the festive season.

Senior Information Security Engineer at SLCERT, Charuka Damunupola, said that several incidents of online scams had already been reported to the organisation during the first two months of this year.

He warned that with the approaching Sinhala and Tamil New Year, the risk of fraudulent advertisements and malicious links, appearing online, was likely to increase, often disguised as discount offers, cash prizes, or special promotional deals.

Damunupola noted that such links frequently redirect users to fraudulent websites designed to harvest personal information and other sensitive data.

He further cautioned that during the Vesak and Poson festive periods, scammers may attempt to collect user data through deceptive schemes promoted under various guises, including campaigns such as ‘Poson Maha Data Dansala.’

SLCERT has, therefore, urged the public to remain vigilant and exercise caution when clicking on unsolicited links or advertisements encountered online.

Continue Reading

Trending