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Newly appointed Supreme Court Judge, Justice Hector S. Yapa said that, “As a judge, I have nobody to protect except the course of justice and the larger interests of the country. That responsibility has to be discharged within the law operating in this country, for a judge has to administer the law, good or bad as he finds it. It is for the Parliament of this country to offer good, benevolent and just laws for the people.” He was speaking at a ceremonial sitting of the Supreme Court, presided over by Chief Justice Sarath N. Silva. Attorney General, K.C. Kamalasabayson and President of the Bar Association of Sri Lanka, Mr. Upali Gooneratne, made welcome addresses earlier. Justice Hector S. Yapa was recently appointed a Judge of the Supreme Court by President Chandrika Bandaranaike Kumaratunga. “One unhappy feature in the history of mankind is the presence of disputes. Disputes take varoius forms and proportions ranging from personal to even international disputes. However, man in his wisdom has devised many ways to resolve such disputes in a peaceful and orderly manner using methods such as negotiation, mediation arbitration and adjudication.” “Adjudication by courts of law appears to be the widely used method of dispute resolution in our country. Our courts, following the English tradition, adhere to the adversary system. Although the method of adjudication is expensive and time consuming, we have to continue with it, since it is still one of the best methods of resolving many disputes ensuring confidence and acceptance among the litigants.” “One great quality of the system of adjudication is the need to hear the parties. Therefore it is an indispensable requirement of justice that a judge who has to decide a case should give a patient hearing to both sides before a decision is made. A judge has to decide a case after considering the submissions made by counsel and after weighing the evidence available.” “Our system of adjudication by a courts of law is a time consuming exercise. Therefore the law’s delays to some extent is something unavoidable.” Justice Yapa also said that what the majority of litigants in this country wanted was a speedy disposal of their cases, after a fair hearing and at the same time maintaining the quality of justice. This country has never been poorer with eminent and quality judges and lawyers who could stand up to this challenge.
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