By Sarath Wijesinghe PC., Solicitor of the U.K., Former Ambassador to the U.A.E. and Israel, Former secretary to Bar Association and The President,  Ambassadors Forum U.K. and Sri Lanka,

SARATH WIJESINGHE President’s Counsel (LL.M.(LON) Public & International Law University College, London (UCL) United Kingdom)

48, Neelammahara Road, Maharagama, Sri Lanka. 10280 845A, Romford Road, Manor Park, London. UK. E125JY Phone  : +0777880166 E-mail  : sarath7@hotmail.co.uk FB       : Sarath Wijesinghe

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, non-availability, or lack of knowledge of judges. Which is not so. In fact, judges should be properly trained. Judges should be selected from qualified candidates and given proper training.

In fact, delay of laws is based on many other factors, particularly a lack of organizational capacity and management processes in criminal cases and civil cases. It is the responsibility of the government to ensure the efficient operation of civil and criminal justice. Other countries take concrete steps to address this issue, recognizing that “justice delayed is justice denied.” In Sri Lanka, it is a cancer spreading like wildfire.

It is the duty of the government and ministers to provide solutions. For example, in criminal prosecution, organizational efficiency and the availability of prosecutors directly affect case timelines; when prosecution lags, it causes severe delays in criminal cases. Civil cases drag on for decades. Yet, they try to put the blame on judges, which is not correct.

The main cause requires joint action by ministers, the government, and other statutory bodies to establish a clear strategy affecting the economy, the judiciary, and the people. The people need a proper judicial system. Justice depends on curbing criminality and the spread of a poisonous network across the entire nation, where the government remains unable to control things happening even in prisons.

It is sad to see the inefficiency of the majority of the government, who keep in power with no vision, aim, or strategy to prevent crime. But we, as professionals, are ready with facts and figures.

With the backlog of cases at alarming levels, the government, ministers, and bodies like the Bar Association of Sri Lanka (BASL) which are professional bodies responsible for preventing crime and maintaining checks and balances in law and justice—must collaborate. This shows complex issues can be solved through strategic plans, which we urge the government to approve and implement to increase system capacity.

People say the government is aiming to increase the retirement age of judges through a constitutional amendment aimed only at a select few judges while neglecting the rest, revealing an ulterior motive. The government appears determined to proceed with this constitutional amendment despite the need for a referendum, appearing determined to face and win the referendum. However, the law applies to everyone—not just any specific body or group. Judges are duty-bound to be impartial and independent to give judgments without any fear or favor.

We urge a new chapter to be opened with the help of the BASL, ministers, and the Ministry of Justice to get the judicial system and the interior of the nation on track. Courts and prisons will otherwise be overwhelmed, while underworld criminals operate even from inside prisons. It shows the government and ministers are not capable and cannot control the situation, breaking their promises while accumulating enormous power.

This issue should not be used for political gain. The government appears determined to go through with these measures, but these are the facts and figures obtained by professionals. Therefore, we urge non-profitable organizations, civil society, and the common man to wake up and act with a professional resolution.

* Former Ambassador to UAE & ISRAEL
President Ambassador’s Forum, U.K/ Sri Lanka