By Gamini Abeywardane
Much has been said in the electronic media in particular over the past few days concerning the slandering, criticizing and threatening of judges in the online media on judgments delivered by them. Among them was the allegation that telephone lines of a judge who had given a dissenting judgment in a politically sensitive case had been tapped and his email hacked. Even the Bar Association of Sri Lanka had taken the matter up with due seriousness and had even indicated their willingness to pursue legal action against the wrong doers.
One thing
that we all should bear in our minds is that in a multi-judge bench any judge
has a right to differ in his opinion for which he gives his reasons. That is
the very reason why there are panels consisting of several judges where
verdicts are given according to the majority opinion. The traditions have been
part of our judicial system for centuries. Whether a judge is right or wrong is
a matter of opinion and no outsider should have the authority go into that except
a higher court in appeal.
As pointed
out by the bar association, judges unlike politicians or other officials are
not supposed to come out and defend themselves when they are attacked through
the media. Like others judges are also subject to all human frailties and there
have been enough incidents both here and abroad where judges have even been removed
or punished for wrong doings. But there is a well-established procedure for
doing so without damaging the entire institution.
Merely
opening the gates of the media to bring unsubstantiated and baseless
allegations against the judges will only bring the entire judiciary into
disrepute in the eyes of the ordinary people who often look up to the
institution for relief whenever they are wronged. A free Judiciary is an
important element in a democracy and safeguarding the sanctity of that
institution is a sacred duty of all the people.
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