Dr Sarath Obeysekera

Without Prejudice 

For the attention  of  Lady Justice 

(  she  is called Lady Justice. She is usually depicted holding a balance scale and a sword, and often wears a blindfold to symbolize impartiality and fairness. In Washington, D.C., versions of Lady Justice can be seen at several important government buildings, including the United States Supreme Court.) 

Sri Lanka’s Justice System Needs Revolutionary Reform — Not Endless Postponements

Sri Lanka today faces a crisis far deeper than economic bankruptcy. It is a crisis of public confidence in governance, law enforcement, and the justice system itself.

Every day, ordinary citizens hear about murders, financial frauds, corruption, child abuse, narcotics crimes, and embezzlement of public funds. Arrests are made with great publicity. Politicians make statements. Media headlines dominate the news cycle. But after a few months, the public loses track of the cases because they disappear into a black hole of postponements, technicalities, and endless legal procedures.

In countries such as the United Kingdom, the legal system functions very differently. When a murder, financial crime, or major embezzlement takes place, law enforcement authorities immediately deploy highly trained investigators, forensic experts, financial analysts, and prosecutors. Evidence is gathered professionally and rapidly. The Attorney General’s department prepares the prosecution efficiently. Courts hear cases continuously, and judgments are delivered within a reasonable timeframe. The accused are either punished or acquitted without dragging cases on for decades.

Justice delayed is justice denied.

Unfortunately, Sri Lanka’s legal framework, still heavily influenced by outdated Roman-Dutch legal traditions and colonial-era procedures, has become painfully slow and excessively technical. Instead of serving the victims and protecting society, the system often appears to benefit only the legal industry itself.

The public repeatedly hears of cases being postponed for years due to procedural objections, transfer requests, absence of lawyers, technical defects, or endless appeals. Some criminal cases continue for 10 to 20 years. Witnesses disappear.or commit suicide , Victims lose hope. Public trust collapses.

Another disturbing feature is the increasing trend of powerful suspects appearing in court represented by massive teams of lawyers. In a recent highly publicized case involving allegations against a Buddhist monk for abuse of a minor, reports indicated that nearly 49 lawyers appeared on behalf of the accused.

Ordinary citizens naturally ask: Why does one individual need dozens of lawyers? Can such legal theatrics influence the judicial process? Does it create psychological pressure around the court proceedings? Does it intimidate victims and witnesses?

The law must not only be fair — it must also appear fair in the eyes of the public.

Today, many citizens blame politicians alone for the collapse of governance. But the uncomfortable truth is that the country’s outdated legal machinery itself requires urgent and revolutionary reform.

Sri Lanka must seriously consider:

• Fast-track courts for corruption, financial crimes, narcotics, and child abuse cases
• Strict limits on unnecessary postponements
• Digitization of court administration and case management
• Professional forensic investigation units with modern technology
• Time-bound delivery of judgments
• Stronger witness protection systems
• Simplification of outdated legal procedures
• Accountability for abuse of legal technicalities designed only to delay justice

A modern economy cannot function without a credible justice system. Investors will not bring billions of dollars into a country where commercial disputes drag on endlessly. Citizens will not trust governments if criminals and corrupt figures exploit loopholes for decades.

Singapore transformed itself because law enforcement was swift, disciplined, and respected. The United Kingdom built confidence because justice systems function efficiently and independently. Sri Lanka too must decide whether it wants to remain trapped in legal paralysis or move toward a modern system that protects both democracy and public confidence.

The time has come not for cosmetic reforms, but for a complete overhaul of Sri Lanka’s justice system.

Without legal reform, governance reform itself will remain impossible.

Dr Sarath Obeysekera