Ceremonial Sitting Speech By Hon.Rohantha Abeysuriya PC (P/CA) the President of the Court of Appeal of Sri Lanka 1st of August | Court of Appeal | Colombo

Hon. Attorney General,

President of the Bar Association of Sri Lanka,

I thank you for the kind words of appreciation and recognition spoken about me. I am humbled and encouraged by your sentiments.

My ascend to one of the most important positions in the judicial hierarchy was not predestined but was occasioned due to my strong desire to continue to serve my beloved motherland which I love so much.

On this solemn occasion in the presence of a galaxy of legal luminaries, I wish to pledge that I will serve our country to the best of my ability and true to my conscience.

Today’s ceremonial sitting is not a celebration of individual elevation. It is a reaffirmation of principle, a moment to reflect, collectively, on what it means to administer justice in a constitutional democracy. In that spirit, I share a few reflections on the moral and institutional framework within which we serve.

Let me begin with what lies at the very heart of any judicial office, the independence of the judiciary.

In a constitutional democracy such as ours, the courts serve neither the transient will of the majority nor the interests of the powerful, but the enduring principles of justice and constitutionalism. It is not a privilege afforded to judges, but a right guaranteed to the people.

As Lord Bingham, a former Chief Justice of England & Wales, eloquently observed: “The duty of the judiciary is to maintain the rule of law: not to invent it, not to be subservient to political power, but to maintain it.” That duty demands that we decide without fear, without favor, and without prejudice.

In Sri Lanka, the Constitution enshrines the independence of the judiciary, but that alone does not suffice. The independence we speak of is not merely structural or administrative, it is moral. It rests in the personal courage of judges who are willing to be independent; in the discipline to remain unmoved by political winds or popular tides; and in the unwavering resolve to decide without fear or favour, affection or ill will. It is rooted in the internal discipline that keeps the judicial mind unswayed by power, passion, or prejudice.

As Lord Steyn aptly observed, “Judicial independence is the lifeblood of constitutionalism in a free society.” Without it, law becomes pliable; with it, justice becomes possible.

The judiciary is not and must never become a mirror of political will or public passion. It must remain a mirror of principle.

To judge is not merely to interpret the law, it is to mediate justice.

It is to listen deeply, to reason diligently, and to speak not in one’s own voice, but in the voice of the law, refined through reflection and tempered by compassion. It is to serve not only the letter of statutes, but the spirit of constitutionalism and fairness.

Justice Cardozo of USA once said: “The judge, even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight-errant roaming at will in pursuit of his own ideal of beauty or of goodness.” The judge must be a servant of the law, of the Constitution, and of the people.

But in being so, the judge must also be courageous. In a world increasingly beset by the pressures of populism, misinformation, and ideological division, the judiciary must stand as a beacon of reason and restraint. The Court is not a mirror of society’s passions it is society’s conscience.

We are reminded daily that justice is not abstract. Behind every petition lies a person; behind every dispute, a dignity to be respected. The courtroom is not a battleground, it is a sanctuary where voices are heard, rights are restored, and wrongs are reckoned with reason.

The administration of justice is not a mechanical exercise in precedent. It is, in its noblest form, a moral act.

As Roscoe Pound remarked: “The law must be stable, but it must not stand still.” The appellate court, through its pronouncements, shapes the trajectory of our legal system not only in its outcomes, but in the values it affirms.

The Court of Appeal bears a unique burden: to be both a sentinel and a sculptor.

As a sentinel, it guards the fairness of judicial process, ensuring that justice at first instance is not marred by error. As a sculptor, it shapes the development of legal principles that guide our courts, our institutions, and our future.

This Court must offer not only finality, but clarity; not only authority, but legitimacy.

Our justice system is a covenant an unspoken pact between the judiciary and the people. It is built not on the strength of force, but on the strength of trust.

That trust is sustained through procedural fairness, transparency, and timely adjudication. But above all, it is sustained by integrity, by the quiet consistency with which courts stand firm in moments of pressure, and remain restrained in moments of praise.

Let us remember always: the robe we wear does not insulate us, it obliges us. It obliges us to humility, to discipline, and to the recognition that the moral authority we wield comes not from rank, but from conduct.

A judicial system must be accessible, impartial, and expeditious. But above all, it must be trusted. And trust is earned not in a single pronouncement, but over decades, through consistency, honesty, and restraint.

No judge walks alone. The robe I wear today was not stitched by one hand, but by many mentors who shaped me, colleagues who challenged me, and friends who taught me the importance of loyalty and trust.

I take this opportunity to express my sincere gratitude to His Lordship the Honorable Chief Justice and the Honourable Judges of the Supreme Court for their continued guidance and inspiration.

My fellow Justices of the Court of Appeal, I look forward to continuing our work together in the spirit of intellectual rigor and mutual respect. To the Honorable Attorney General and officers of the Department, to the members of the Official and Unofficial Bar and all those who serve the cause of justice with quiet diligence, thank you for your collaboration and commitment to the pursuit of justice.

I owe a debt of gratitude to my mentors, whose example taught me that law must be practiced with purpose and humility. And to my family, your sacrifices, patience, and tolerance are the invisible foundation upon which this journey rests.

I wish to express my sincere gratitude and reverence to my beloved parents for bringing me up in a somewhat conservative manner placing premium value on moral and ethical conduct, respect to elders and love for our beloved country. My late father, Deshamanya President’s Counsel Ranjith Abeysuriya remains to date my mentor, protector and guiding light without whose guidance, I would certainly not have achieved any of the positions I was fortunate enough to hold. My mother constantly reminded me of the virtue of placing country before self which has always been my guiding philosophy in life.

I will be failing in my duties if I do not acknowledge the sacrifices made by my wife Roshani, and daughter Bimansa for the understanding and support I have received from them right throughout without which it would have not been possible for me to achieve this milestone.

I also wish to express my sincere gratitude to all my relatives including my mother in law and father in law, for the love and affection bestowed on me.

My address would not be complete and meaningful without acknowledging the immense contributions made by all my teachers at the great seat of learning, Royal College Colombo in molding me. Even to date, I recall with respect the sense of discipline, responsibility and devotion to duty instilled in me by all of them at school.

In conclusion, I return to the words of Lord Denning: “Justice must be rooted in confidence: and confidence is destroyed when right-minded people go away thinking: ‘The judge was biased.”

Finally, Let us never forget that judicial legitimacy lies not in robes we wear or titles, but in the day-to-day exercise of fairness, impartiality, and moral courage.

I pledge to serve this Court with diligence, dignity, and devotion.

I also wish to make use of this opportunity to express my sincere gratitude to the one institution which made me what I am today. I have served as a prosecutor for almost 32 years as an officer of the AGD. If not for the grounding and experience I received at the Department I certainly would have been elsewhere by now. I bow my head in deep respect and appreciation to this great institution today.

Let this Court remain, always, a place where law is administered with clarity, compassion, and courage. Let it remain a sanctuary where the weak are heard, the mighty are restrained, and justice is neither delayed nor denied.

Thank you.