Law’s delays due to lack of judges, non- availability of judges, or lack of experience and knowledge of judges?
By Sarath Wijesinghe, PC Solicitor of the U.K., Former Ambassador to the U.A.E. and Israel, Former Secretary to Bar Association, and President, Ambassadors Forum U.K. and Sri Lanka, (With research and editorial assistance by Sugandhika K. Hangilipola, Attorney-at-Law) It appears that the proposed suggestions assume or presume that laws’ delays are due to the inefficiency, […]
It is not the judges' inefficiency, unavailability, or lack of knowledge that causes law delays, according to experts. Instead, the primary issue stems from a lack of organizational capacity and management processes in both criminal and civil cases. Government bodies must ensure the efficient functioning of these justice systems.
Other nations have implemented measures to address this problem, acknowledging that "justice delayed is justice denied." The government's duty is to provide solutions, particularly concerning criminal prosecution where the availability of prosecutors directly impacts case timelines. If prosecution lags, it leads to severe delays in criminal cases.
Civil cases can drag on for decades, but the blame should not be placed on judges. The main cause necessitates a joint effort from ministers, the government, and other statutory bodies to devise a clear strategy affecting the economy, judiciary, and people. This requires a proper judicial system to curb criminality and prevent its spread across the nation.
The government's inability to control even the prisons is concerning. Furthermore, the government's decision to increase the retirement age of judges through a constitutional amendment, aimed at select judges only, raises suspicions of ulterior motives. This move appears to be made without a referendum, despite the need for one.
Judges are obligated to remain impartial and independent to render judgments without fear or favor. It is urged that a new chapter be opened with the help of the Bar Association of Sri Lanka, ministers, and the Ministry of Justice to get the judicial system and the nation on track. Otherwise, courts and prisons will be overwhelmed, while underworld criminals may operate even from within prisons, breaking the government's promises and accumulating excessive power.
This issue must not be exploited for political gain. The government's determination to proceed with these measures, however, is not supported by the facts and figures provided by professionals. Therefore, non-profitable organizations, civil society, and the common man are urged to wake up and act with a professional resolution.
Written by urgent.news from The Island Sri Lanka's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.