At a ceremonial sitting held on September 26, 2024, the newly appointed Justices of the Court of Appeal—Justice Damith Thotawatte, Justice R.A. Ranaraja, Justice M.C.L.B. Gopallawa, and Justice K.M.G.H. Kulatunga—were welcomed into their new roles.
Newly Appointed Justices of the Court of Appeal
At a ceremonial sitting held on September 26, 2024, the newly appointed Justices of the Court of Appeal—Justice Damith Thotawatte, Justice R.A. Ranaraja, Justice M.C.L.B. Gopallawa, and Justice K.M.G.H. Kulatunga—were welcomed into their new roles. Each judge delivered speeches reflecting on their personal journeys, legal careers, and aspirations for the future. The occasion marked a significant as the justices shared their commitment to upholding the rule of law, promoting judicial independence, and addressing pressing issues such as delays in the legal process.
Need to Guard Against Both External Influences and Personal Bias in Judiciary
“…My journey up to this point has been a long and an unexpected one. I do not come from what could be termed as a legal family, and when I sat for the law entrance examination those long years ago, I did so more out of curiosity than any desire to pursue a career in the legal field. However, as I found the study of law much more interesting than what I was doing at the time, what was to have been a passing distraction became a lifelong undertaking.All this was possible because of the patience and understanding of my late parents Titus and Sujatha Thotawatte who taught me independence of thought and correctness of action. I hope I have not disappointed them….”
“….On occasions like this many of my predecessors had spoken about the independence of the judiciary.While agreeing that we should stand against external influences we should also attempt to prevent ourdecisions being colored or influenced by our own prejudices. As a judge it’s not possible to satisfy everyone as to a particular outcome and one must never attempt to do so. However, I have always believed in giving counsel appearing before me a patient hearing with an open mind. There had been many occasions that listening attentively to an argument has profited me. During my time as a Judge of the High Court I always managed to leave my successor less cases than I initially took over and for this I would like to thank all the counsel, State counsel and the office staff of those courts who cooperated with me in order to achieve this…” – Justice Damith Thotawatte
Need for Cooperation to Address Law’s Delays and Ensure Efficient Justice Delivery
“…..Since my appointment as a Judicial Officer in February 1997, I have had the privilege of serving as a Primary Court Judge, Magistrate, District Judge and a High Court Judge, prior to my appointment as Judge of the Court of Appeal. I am conscious of the difference between the role of a judge of the court of Appeal and a trial judge, especially in correcting error of fact and law of trial courts and the binding nature of the judgments of this court, apart from the jurisdiction vested in it under articles 140 and 141 of the Constitution. A problem that plagues both types of courts is laws delay. Just as much as Counsel have a duty to serve their clients diligently, the Courts have a duty to dispense impartial justice to the litigants without delay. For the efficient and effective administration of justice, it is essential that there should be cooperation between the bench and the bar to reduce the distress caused to litigants due to unnecessary delays in dispensing justice. It is the shared responsibility of both the bench and the bar to minimize their suffering. Solution to laws delays encountered in the Court of Appeal could be found within the rules of the court. For example, Part lll of the rules provides for filing written submissions, specifically for the purpose of reducing the time taken for oral submissions. Part V of the rules is intended to reduce unnecessary delays in court proceedings…..” – Justice R.A. Ranaraja
Justice Gopallawa Advocates for Proactive and Solution-Centric Approaches in Public Law Remedies
“…..The adherence to the Rule of Law can be identified as the single most important requirement for therealization of the democratic society envisaged by our Constitution and aspired to by the public. In this regard, I firmly believe that the commitment and adherence to the Rule of Law should be unconditional, unwavering and continuous and should not be contingent upon one’s convenience or affiliations or confinec to rhetoric. The next issue that I wish to comment upon relates to the invocation of public law remedies. I am acutely conscious that such proceedings often have an impact upon legitimate interests of parties not before Court and the general public. In such circumstances, I am of the view that the adoption of a more proactive and solution-centric approach rather than getting entrenched in the dispute would be beneficial to all parties concerned. Such an approach will not only expedite the dispensation of justice and ease the workload of the Court but also minimize any prejudice caused to third parties and the general public and permit the administrative process to continue. The final matter which I wish to advert to is the perennial issue of laws delays. In this context, I observe that better and timely compliance with procedural steps and orders, such as the service of notices and effecting of substitutions, and actively utilizing the services of junior members of the Bar to take up and conclude cases when seniors are una ailable, could significantly improve the situation………..”– Justice Gopallawa
The Judge’s Pursuit: Upholding Truth and Justice Beyond the Bench
“………..I certainly am mindful of the onerous duty and responsibility to dispense justice so endowed upon me. I will certainly endeavour to act impartially, fairly, and independently. In this pursuit I am conscious that I must hear courteously, consider soberly, answer wisely, and decide impartially. It is the discipline in life, habits and outlook that enables a Judge to maintain his/her integrity to be impartial. To my mind, the main object of a Judge’s function is to administer and do justice. Lord Denning once said; “Even in England, however, a judge is not a mere umpire to answer the question ‘How’s that?’ His object, above all, is to find out the truth, and to do justice according to law; and in the daily pursuit of it the advocate plays an honourable and necessary role. ”. (Jones v National Coal Board [1957] 2 All ER 155 (CA) 1598)
Now on a personal note, I have served the public service and the judiciary for 30 years of which 12 years as a Judge of the High Court. Destiny has now decreed and thus brought me this far despite being victimized for doing what was right and maintaining my integrity and independence.
To my mind, the most important attribute of a judge is his integrity and the independence both are required to maintain the rule of law. Acting independently and treating everybody with equality was inculcated in me by none other than my late father Justice K.M.M.B. Kulatunga PC. For him right and wrong was clearly demarcated and their existed no gray area. The law was applied to everyone equally be it his own mother or son; friend or stranger……………” – Justice Kulatunga
