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| Friday, 16 July 2004 |
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Text of the speech made by Chief Justice Sarath N. Silva at the laying of the foundation stone for the new courts complex, Jaffna on July 14. The commencement of construction work of the new courts complex of Jaffna is in every sense a historic event. It is not only a great day for the people of Jaffna but also a great day for the people of our country and for all people wherever they may be who aspire, strive to achieve and cherish, a just and free society based on a firm commitment to the Rule of Law and the due administration of justice. The greatness of our endeavour, lies in the fact, that we are building the modern and magnificent edifice of justice, on the ashes and dust of what was destroyed and desecrated. This soil has been the home of a great civilisation, where people with a rich cultural heritage, respected for their high intellect and acumen, lived in peace and harmony. The tragic events of the past decades, have brought about devastating destruction and the soil is drenched with blood. I would repeat the words of John Donne who wrote five centuries ago as to effect of death and destruction caused by war as follows: Any man's death diminishes me because I am involved in mankind, and therefore never send to know for whom the bell tolls, it tolls for thee. John Donne was writing of the wars that took place in Europe, five centuries ago, in which rival armies fought outside the city, and when a person is killed the body is brought to the church in the city and, the bell is rung. Those living in the city, send someone to find out who has died and from which side. Donne, has very poignantly articulated the sad futility of finding out who has been killed and of which side. When the bell tolls it is for everyone because we are all involved in mankind. We have in our times gone through the same process. Battles have been fought. Men, women and children have been killed. Property worth billions of rupees, including places of worship sacred to one and all built up over centuries by kind and caring people, have been destroyed. Instead of the church bell which tolled to announce a death, we have the modern mass media which brought the gruesome pictures of tragic death directly to our homes. We may have had brief moments of empty and senseless glory or suffered endless hours and days of sadness and anguish. But, on the whole, as the tragedy unfolds, we are all diminished. We have collectively descended in our involvement in mankind. Our country which has been known the world over for its beauty, natural bounty, rich and diverse cultural heritage and above all its serendipity, kindness and hospitality, has been given a tarnished image of conflict, violence, bloodshed, death and destruction. Now it is our collective duty to rise from the ashes of death and destruction and rebuild and recreate what has been destroyed and lost in our times, without passing it to the future generations as a cursed legacy. I came to Jaffna for this historic occasion not so much as the Chief Justice of this country, but more as a friend. A friend of the judges of Jaffna, a friend of lawyers of Jaffna, a friend of the dedicated personnel who work in our courts and above all a friend of the people of Jaffna. In my long tenure of 36 years, as a member of the Attorney-General's Department and as a judicial officer, I have always had the closest links with Jaffna. I vividly recall, that in 1969 I came to Jaffna as a Crown Counsel to prosecute at the Assize sessions of the Supreme Court. The court was held in the Town Hall building which was similar in appearance to that of Colombo. The District Court and the Magistrate's Court were housed in the adjoining buildings. I stayed in the Rest House located across the road. There were large shady trees and a perfectly tranquil environment. Today, I laid the foundation stone on a devastated and barren land with no buildings and with hardly any trees insight. However, the greatness of the occasion lies in the fact that we have the courage, the will and the resources, to rebuild something better and grander than what has been destroyed and devastated. For many years, I have worked painstakingly and assiduously to re-establish the courts in the Northern and a part of the Eastern Province. When serving as Attorney General in 1997 I had the honour of re-opening the High Court of Vavuniya. The new courts buildings at Vavuniya were completed after I assumed office as Chief Justice. Later, we commenced work on the construction of new court buildings and judges residence in Mannar, which I had the privilege of opening last year. In January 2003 I laid the foundation stone for the new courts complex in Trincomalee. The magnificent building has now been completed at a cost of Rs. 78 million, which is a 3 storied structure having a total floor space of 3,272 sq. meters. Hopefully we would open the building in a few weeks time. The courts complex in Jaffna would be larger than that of Trincomalee and will have 4,500 sq. meters with an estimated cost of Rs. 195 million and will have necessary facilities to house the District Courts, Magistrate's Courts, the High Court, the Court of Appeal and the Labour Tribunal. The building has been carefully planned after several discussions had with lawyers and judges. The expected period of construction is 18 months and I sincerely hope and pray that we would be able to complete the construction without any obstacle before the anticipated period, as we have done in Trincomalee. It is right to mention that an endeavour of this nature requires planning, dedication and a tireless effort spanning a long period of time. The Trincomalee and Jaffna courts complexes are constructed by the Legal and Judicial Reforms Project. It took several years to plan the project which commenced when I was the Attorney General. We were successful in securing funds from the World Bank to implement it. In the course of this project, amongst the many things we have done to improve the administration of justice is the refurbishment of 25 court complexes throughout the country. All Courts will be equipped with modern furniture and fittings. Judges training has been given foremost attention. Professional development programs and arrangements to enhance the skills of our lawyers are being implemented. There has also been improvement in the curricula of law teaching institutions and the facilities of law libraries throughout the country. We are making this relentless endeavour in order to establish our respected system of the administration of justice on a firm footing to face the challenge of the future. We are the heirs to a great tradition and a firm commitment to the Rule of Law. Our records show that the first courts have been established in Colombo, Jaffna and Galle during the period of the Dutch conquest. In the British period the Supreme Court was established in 1801. The Judiciary was set up as an independent institution by the Charter of Justice in 1833. Thereafter the Judiciary has continued to function as a separate and independent institution solely charged with the administration of justice in the country. We are distinct and separate from the Legislature and the Executive. Whilst the Legislature and the Executive lay down policy and remain responsible for the implementation of policy in what may be described as a political process, the judiciary determines rights, duties and obligations and impose sanctions and penalties as mandated by law. It has never been said that what may be described as the judicial process in any way contributed to the devastating events of our country which caused tremendous harm to Jaffna in particular. It is for that reason that we have been able to freely re-establish our courts in this troubled part of the country. It should be firmly noted that we are distinct and separate from the political process. I have to strike a personal note and say very clearly that I have never been a politician. That I am not a politician and I will never be a politician. It is in that spirit that I thank you most sincerely for the rare honour bestowed on me by the invitation to lay the foundation stone for the historic building that we commence construction and seek your wholehearted co-operation to complete our noble endeavour. |
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