Law and Order, Rule of Law ,Civil sociaty and Professionalism

By a special “Hulftsdorp Hill” correspondent

(September 04,Colombo, Sri Lanka Guardian)Law and order is the main competent of a democratic and a peaceful society, without which the law of the jungle will prevail. Law is a set and a system of rules enforced through institutions acting independently by qualified and learned personalities acting impartially and judicially. There should be supremacy of law in a country which is also known as Rule of Law, for every individual to be above law. Law should be applicable to all equally and it is the duty of the state to provide legal aid and assistance for the citizen to enjoy the rights in a democratic society.

Law should not be implemented according to whims and fancies of o ad parties on whom the implementation is entrusted upon, known as judges who are mainly lawyers expected to be trained and persons with the correct temperament. Justice should not only be done- it must seem to be done- is a famous adage in this area of practice. Law as well as the justice system should be impartial reasonable and accessible. A.V. Diecy the legal legendry said “Rights of individuals are determined by legal rules and not on arbitrary behaviour of authorities”. Access to justice is a main ingredient of a democratic society and in most democratises the citizen is gives the opportunities and facilities to enjoy this human right with the least resistance and expenditure. Currently there are reports of disturbing incidents on the inactivity of some police officers in the police force entrusted with the implementation of the law and order. Incidents taken place are serious though isolated and needs immediate attention. The Government has taken immediate measures to bring the persons responsible to books and taken control of the situation. In any country there are “bad eggs” in any police force and it is the task of the elected representatives to take control of the situation.

COLLEPS OF HULFTSDORP COURT HOUSE

Sudden collapse of the roof of the ancient roof of Hulftsdorp court house has raised eyebrows of many as billions of rupees have been spent out of a World Bank loan granted which a burden to the citizen as every dollar taken as a loan has to be repaid with interest. Has this funds properly utilized for the purpose it was given and the transparency of the transactions are to be scrutinized and it is a matter of grave importance as such incidents are directly connected to the collapse of system of justice. There is no HUM over the incident and the lawyers are MUM though there are notices all over the building to be careful and not to be close to the High Court Walls. It I s time for the BASL and the legal profession to be vigilant and safeguard the dignity of the Bar and regain the confidence lost on the public on the system of justice by taking steps to help the state and the citizen in the resolution of these matters as a part of the civil society.

PROFESSIONALIAM OPA AND BASL

Professional is a member of a vocation founded upon specialised education and training and experience. Organisation of Professionals in Sri Lanka is a professional body of professionals maintaining the standards of in which Bar Association is a lading and a founder member. Though Police Department is not a member of the OPA, police and the other forces in the recent past were reputed to maintain highest standards especially during the war on terror. Sporadic incidents at the aftermath of a disaster of such magnitude are not unusual and the prompt steps taken to control and the public pronouncements of His Excellency the President is commendable. In the recent past the Bar Association has been active and taken constructive measures in support of maintain law and order. “Law Week” organized for access to justice is commendable. It maintains an excellent website to help the citizen. Ignorance of Law is no excuse and it is the duty of the professional and the civil society to educate the public on their rights and duties and the main ingredients of the complex legal system. Prompt steps taken the BASL to maintain the integrity and independence of the Professionals/Bar is important as it relates to the independence of the system of justice and the officers of the courts in which the lawyers are a main component. They must be free to act freely with out fear of favour. Though there were schools of thoughts that the issue should have been handled more diplomatically with no haste every lawyer was in agreement in maintaining solidarity on the lawyers acting as officers of the judicial system and independent professionals.

DUTY OF THE CIVIL SOCIATY

Civil society consists of voluntary and social organisations, Non Governmental Organisations, professional bodies, Trade Unions, and they are expected to perform collective actions with shared interests. Is the civil society living up to the expectation is a moot issue and the best judge is the citizen in the receiving end. It is time for the civil society to be active and vigilant as there is a lacuna in the public interest and public activism in the interest of justice, fair play peace and prosperity of the Nation.

-Sri Lanka Guardian