Letters to the Editor
View(s):Cases that go on for years: Why can’t more judges, lawyers be appointed
The Judiciary has become the talk of the town- from law’s delays to the conduct of lawyers/Judges, Attorney General’s Department etc. Unfortunately nothing appears to have been mentioned about the verdict delays. This letter is to bring to light the delay experienced in getting the verdict after the hearing is complete.
Various articles/letters too have appeared in the media with regard to the law’s delays. Newly appointed judges invariably refer to the law’s delays, but seldom do they speak about the reasons for the delays and suggest possible remedies, despite the fact that some of the remedies are within their reach. Perhaps, they are unable to do much, in view of the fact, that the same judges are not detailed to complete the hearings which commenced under them initially. This results in additional time being spent to study the proceedings of a case.
A certain Fundamental Rights petition was heard by over 15 different judges including Chief Justices and acting Chief Justices from 2011-2016. During this period of five years, five judges had retired and a Judge passed away after a brief illness. Further over 10 stakeholders of the Fundamental Rights petitions too passed away. The FR petition was necessitated due to the long delay in concluding the inquiry at a Government Authority.
Hearing of the FR petition’s case referred to above was completed in June 2016, after approximately five years, but the verdict is pending for the last 14 months.
A news item in the press stated that over 700,000 cases are pending. With hightech facilities available, it may not be difficult to sort out the cases and record them accordingly. Once this is done it would facilitate the disposal of cases amicably or otherwise. May be quite a number of litigants may not be in the world of the living. I am aware of a land dispute case pending for the past 46 years.
If ministers can be appointed at random and ex. Ministers given various ‘jobs’ to maintain their egos and the ruling party’s majority, one cannot understand the reluctance of the government to appoint more Judges to expedite the cases and lawyers to assist the Attorney General to carry out his duties efficiently, effectively and expeditiously.
K.Anaga Via email
India playing old games in spite of past misadventures in Lanka
India’s Prime Minister Rajiv Gandhi and Sri Lanka’s President J.R. Jayewardene signing the Indo-Lanka Agreement in 1987
As per media reports, the Tamil National Alliance (TNA) has received an assurance from India that it will support the ongoing constitutional making process until it could be brought to a successful conclusion.
According to the said news item, Opposition and TNA leader R. Sampanthan has urged the Indian Foreign Minister to exert pressure on the Government of Sri Lanka to ensure that the promise given to the people and to the international community is followed through.
Seeking and receiving assurances from foreigners to resolve internal affairs of the country emerged as never before after 1977, mainly due to the short-sighted policies adopted by the then UNP government. The book ‘Assignment Colombo’ written by J. N. Dixit, the former Indian High Commissioner to Sri Lanka (1985-1989), outlining his version of the story, tells us how and why the Indian government went all out to coerce Sri Lanka into submission.
The Interim report of Justice Jain Commission which oversaw the investigation into Rajiv Gandhi’s assassination has admitted that the Research and Analysis Wing (RAW) selected and trained the Sri Lankan Tamil Tigers, in the use of modern arms in camps organised in Tamil Nadu, Karnataka, Uttar Pradesh, New Delhi and elsewhere. The idea was that the Sri Lankan Tamil Tigers after being trained and armed would be sent back to northern Sri Lanka to engage the Sri Lankan troops in guerrilla warfare.
According to the report, Prabhakaran, along with others attended training camps. In 1972, Prabhakaran sailed to India with others including Thangadurai and Kuttimani. He returned to Sri Lanka in 1974. The atrocities committed by Prbhakaran and others since then (starting from the killing of Alfred Duraiappah, Mayor of Jaffna and chief organiser of the SLFP in the region), are given in the report in an orderly manner.
As per the report, there were training camps even in Tamil Nadu at Kulathur near Mettur. About 50 or 60 LTTE boys got training in the first batch at Dehra Dun. Two or three batches after that were also trained. The total strength of LTTE cadres trained was 495, including 90 women. The total number of trainees of Sri Lankan Tamil militants was put at 3,363.
Karuna Amman too once made a declaration that he himself received training in India.
Indian cargo planes invaded Sri Lanka’s air space challenging the sovereignty of our country, and almost forced former president JR Jayewardene (JR) to ‘invite’ Rajiv Gandhi to Sri Lanka to sign the agreement and to accept the Indian Peace Keeping Force (IPKF). Sri Lanka had no alternative but to ‘surrender’ to India’s demands and sign a hurriedly prepared document endorsed by the Tamil separatist groups including the LTTE.
India had to pay a heavy price for its misdeeds later.
The bare truth about the current policies of both the UNP and the SLFP is that neither of the leaders of the day represents the interest of any community, but stand for their own self interest.
India’s above reported most recent assurance to ensure further constitutional reforms to please separatist elements, whom they assisted in the past, after forcing on us a certain form of a Federal structure via the 13th Amendment to the Constitution 30 years ago is a clear indication that India is still confused over its policies, despite its past failures.
S. Akurugoda Via email