Connect with us

News

AG stresses judiciary should be free from other branches of Govt. and private and partisan interests

Published

on

Declaring that courts must necessarily occupy a high position of power, privilege and independence in the life of a nation, Attorney General Dappula De Livera, PC, yesterday (20) emphasised that judges in the exercise of judicial functions should be immune from external control and influence and intimidation.

The AG said so at the ceremonial sitting of the Supreme Court to welcome Justice Dileep Nawaz, Ladyship Justice Kumudini Wickramasinghe and Justice Shiran Gooneratne.

The following is the text of the AG’s speech: I am constrained by time but I shall not waste a minute. My Lords and My Lady you commenced your legal careers and were moulded in the Attorney General’s Department and after long and faithful service to the Institution of the Attorney General finally adorned the Bench and embarked on a career in the Judiciary which has now already spanned several years.

There is no doubt that Your Ladyship and Lordships are well equipped and experienced to undertake the responsibilities and discharge the functions of this onerous and exalted office. I have also no doubt that today, must be a very satisfying and memorable day for your Lordships and Ladyship. A sense of achievement and accomplishment no doubt.

It would also be a time and a day to look back and reflect on the past and take stock of that long journey and reaffirm your commitment to overcome challengers and uphold the Rule of law meting out good quality justice to the yearning men, women and children of this country.

In Sri Lanka the courts have quite justly come to be regarded as the sentinel over the powers of the legislature and the executive in order to safeguard the rights of the citizen under the law and the constitution.

The credibility of a judicial system in a country is dependent on the Judges who man it. Judges must be persons of impeccable integrity and unimpeachable independence. A Judge must discharge his judicial functions with high integrity, impartially and intellectual honesty. Speaking of intellectual honesty; the law would be like a ball of clay in the hands of an erudite Judge. Therefore, Judges should be ruthlessly honest, independent, and impartial and possess a judicial conscience to ensure that the ball of clay is molded according to law.

For over 2000 years of the island’s long history, the Courts of Law have occupied a unique place in the system of government. Public acceptance of the judiciary and public confidence in the judiciary is necessary for the rule of law to prevail in the country. Public confidence in the judiciary is dependent on the independence and integrity of the judiciary.

The sovereignty is in the people and is alienable and that sovereignty of the people is exercised by the judiciary in the public trust. The independence and the integrity of the judiciary ought to be preserved for justice and the rule of law to prevail in a society. A judiciary should not only be independent but appear to be independent in order to gain the confident of the people.

An independent judiciary is the corner stone the prevalence of the Rule of Law in a democratic society.

The essence of rule of law has been said to be that the Administration is bound by the law and that in it cannot interfere with the rights of the individual except in accordance with the law.

The International Congress of Jurists meeting in New Delhi in January 1959 concluded “that an independent judiciary is an indispensable requisite for a free society and for the Rule of Law to prevail in a society.

The independence and impartially of the judiciary is essential for a democratic system of government to function under the Rule of Law.

The maintenance of the independence of Judges and of the quality of the administration of justice would largely depend on the Judges themselves and the state of public opinion of the country, which demands their independence and impartially.

Within the limits of their power and jurisdiction the courts are required to perform a dynamic role as the fearless upholders of the principle of equal justice under the Rule of Law.

“Not all the guns of the Garrison leveled at their lordships would intimidate the Court” said Chief Justice Carrington in 1804 to General Wemyss who was brought up on a charge of contempt of court and had appeared with his staff wearing sidearms and bayonets.

In 1937 Chief Justice Abhrams questioned the deportation order of Mark Anthony Bracegirdle and said “the crown takes its stand upon what it submits are the unquestionable absolute powers of the governor and it is our duty to say that those powers are limited”. The governor’s order was made without Authority. The arrest and detention was illegal and Mr. Bracegirdle must be released”.

The Courts must necessarily occupy a high position of power, privilege and independence in the life of a nation.

The Judges in the exercise of judicial functions should be immune from outside control and influence and intimidation.

That independence is also necessary from the other branches of government and from private and partisan interest.

Judges should be above suspicion and should not leave even a glimpse for that suspicion to occur.

When Pompeia the wife of Julius Caesar secretly sneaked a man dressed as a woman into a Roman religious ceremony, her husband divorced her.

It was a girly prank. But the discovery of the man celebrating the mysteries of Bona Dea in the male free temple scandalised Ancient Romans and led to rumours that Pompeia is having an affair. Pompeia hadn’t committed adultery but it didn’t wash with Ceasar who kicked her to touch and insisted that his wife must be above suspicion.

Judges like Ceasar’s wife must also be above suspicion and the fundamental principle is that there should not be even a hint of bias or prejudice in the judicial process as is as vital today as it was 118 years ago when Lord Bowen famously compared judges to Ceasar’s wife.

The people will be judging you when you are judging them therefore that accountability and transparency ought to be seen and perceived from the judgments, pronouncements and orders that are delivered by the Courts.

Judge Ralph Mac Allister on the occasion of taking oaths as a Judge, State of Ohio, in December 1976, prayed for the Court as follows; He prayed that the Court always function with honour and integrity. That its pronouncements always be just. That its proceedings be conducted impartially. And finally that all its actions preserved the Peace and Dignity, the Rights and Prerogatives and the freedom and morality of all the people. That is my prayer too for this country.



Continue Reading
Advertisement
Click to comment

Leave a Reply

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

News

Construction of Jet A-1 Aviation fuel pipeline and new oil tank complex at Muthurajawela begins under President’s patronage

Published

on

By

President Anura Kumara Dissanayake said that the Government’s objective is to maintain a strong state presence in the energy market while providing an efficient service to the people, adding that significant progress has been achieved towards this objective over the past two years and that a strong energy market that does not place a burden on the people is now being built in Sri Lanka.

The President made these remarks on Friday (02) morning  while attending the commencement of construction of the Jet A-1 pipeline system of the Ceylon Petroleum Corporation (CPC) and two new oil storage tank systems belonging to the CPC and the Ceylon Petroleum Storage Terminal Limited (CPSTL).

The projects are being implemented in line with the Government’s national objective of developing infrastructure in the energy sector, with the aim of ensuring the security of aviation fuel supplies, reducing supply costs and providing the capacity required to meet future demand for aviation fuel.

A dedicated pipeline and associated tank complex are being constructed to connect Muthurajawela with the Bandaranaike International Airport in Katunayake, with the aim of meeting the future demand of the country’s aviation sector, ensuring the security of aviation fuel supplies and reducing transportation costs.

Construction has commenced on five new Jet A-1 fuel storage tanks with a total capacity of 92,000 cubic metres. These comprise two large Jet A-1 tanks, each with a capacity of 30,000 cubic metres; two medium-sized tanks, each with a capacity of 15,000 cubic metres; and an additional tank with a capacity of 2,000 cubic metres. The fuel supply pipeline system will be connected to the airport through a 21-kilometre-long underground pipeline with a diameter of 10 inches from the Muthurajawela tank complex. The project is scheduled for completion within 30 months.

Meanwhile, as part of ongoing efforts to strengthen and expand storage and infrastructure facilities in the petroleum industry, the Ceylon Petroleum Storage Terminal Limited (CPSTL) commenced construction today of three new storage tanks at the Muthurajawela Terminal.

Upon completion, the three-tank system, comprising two tanks with a capacity of 15,000 cubic metres each and one tank with a capacity of 10,000 cubic metres, will provide an additional total storage capacity of 40,000 cubic metres.

This will further enhance the petroleum storage capacity of the terminal and support the continued development of the country’s petroleum infrastructure. The project has a contractual period of 18 months and is scheduled for completion in April 2028.

The tanks are being constructed in compliance with relevant international standards and recognised industry best practices, ensuring enhanced safety, reliability and operational efficiency. The additional storage capacity will strengthen the country’s fuel reserves, improve operational flexibility and support the reliable and uninterrupted distribution of fuel products to meet the country’s growing energy requirements.

Minister of Ports and Civil Aviation and Minister of Energy Anura Karunathilaka said,

“We are now in an era of energy transition. The world is rapidly moving towards the use of clean energy. The use of electric vehicles is very important in this regard, and our country is also now moving in that direction.

The use of solar energy is also important. We expect to add 1,200 megawatts of solar power capacity to the national grid by 2029.

As a country, we must focus not only on controlling fuel prices but also on controlling fuel consumption. The public also has a major responsibility in this regard.

It is particularly important to change our patterns of energy consumption. Greater energy security can be achieved by avoiding periods of high energy demand, shifting towards electricity use and using fuel-efficient vehicles, particularly electric vehicles.”

Chairman of the Ceylon Petroleum Corporation D. J. Rajakaruna said,

“We faced a major challenge due to the war in the Middle East. However, with the intervention of the President, relief was provided to the people and the situation was managed very effectively.

As a result, while diesel prices in the global market increased by 91%, the increase in Sri Lanka was only around 39.5%. While petrol prices in the global market increased by 80%, the increase in Sri Lanka was only around 41%.

Despite providing fuel at lower prices in this manner, the Corporation has recorded a profit of Rs. 28 billion this year. We also recorded a profit of Rs. 36 billion last year.

This may raise the question of why fuel prices are not being reduced when there are such profits.

However, we have used those profits to commence a number of infrastructure development projects at the institution.

These include adding the capacity of 11 tanks, including the construction of six tanks that had previously been abandoned, to increase fuel storage capacity; modernising our oil-filling section, which is more than 90 years old, and establishing a gantry system similar to that at Muthurajawela; laying two new pipelines for unloading fuel from the port to Kolonnawa; constructing a new pipeline to transport Jet A-1 fuel to Katunayake; and upgrading the pipeline system and laying new pipelines, among many other projects.

We are implementing these projects using those profits. Therefore, we have returned the benefits to the people through these investments.”

The Minister of Science and Technology, Professor Chrishantha Abeysena; Deputy Minister of Energy, Arkam Ilyas; Member of Parliament Kumara Jayakody; Secretary to the Ministry of Energy and Senior Additional Secretary to the President, Russell Aponso; foreign ambassadors; government officials including officials of the Ministry of Energy and the Ceylon Petroleum Corporation; and representatives of Sinopec were among those present at the occasion.

President’s Media Division (PMD)

Continue Reading

News

Lanka enters new phase of prosecutions as hurdles clear

Published

on

MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.

Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.

An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.

President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.

In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.

Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne

— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.

SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.

Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.

Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.

Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.

She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.

At the time, the family spokesman said she was due to return in three days.

“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.

“We have cleared the legal hurdles to press ahead with more arrests,” he said.

“We are working on a few administrative issues which will be resolved very soon.”

The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.

Continue Reading

News

Police warn: Court evaders face property seizure

Published

on

Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.

Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.

The proclamation must allow the person at least 30 days to appear before court, Police said.

If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.

This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.

Continue Reading

Trending