News
Special high courts to try 60 offences; speedy trials
The Permanent High Court at Bar, to be set up shortly, will be empowered to try, hear and determine more than 60 offences, including those committed under the Foreign Exchange Act, Registered Stocks and Securities Ordinance and the Local Treasury Bills Act.
The special High Court will also try offences such as money laundering and those related to bribery of judicial offers and Members of Parliament (MPs), acceptance of gratification by MPs, using influence in regard to contracts, tenders and dealings with governments.
The new High Court will be set up under an amendment to the Judicature Act and will make provisions for trial before it to be held upon indictment by the Attorney General or the Director General for the Prevention of Bribery and Corruption. Hearings will be held and concluded expeditiously with evidence to be recorded from day to day, to ensure speedy disposal.
The jurisdiction of the court will apply to offences committed by any person wholly or partly in Sri Lanka or by a Sri Lankan citizen outside the country or on board or in relation to any ship or aircraft. The High Court will consist of three Judges sitting together. They will be nominated by the Judicial Services Commission from among the Judges of the High Court with the JSC nominating one judge as chairperson.
The Bill also empowers the Justice Minister to increase the number of such courts in consultation with the JSC. If any judge of the Permanent High Court at Bar dies or resigns or requests to be discharged from hearing the whole or part of any trial, before or after its start, or refuses or becomes unable to act or ceases to be a judge of the High Court, the JSC will be empowered to, within two weeks, nominate another judge of the High Court to hear the whole or any part of such trial.
Where a new judge has been nominated, it will not be necessary for any evidence taken prior to such nomination to be retaken and the Permanent High Court at Bar will be entitled to continue the trial from the stage at which it was immediately prior to such nomination.
The inability of a particular Attorney-at-Law to appear on a particular date for any reason including engagement to appear on that date in any other court or tribunal, shall not be a ground for postponing the date of commencement of the trial or be regarded as an exceptional circumstance which requires the postponement of the trial.
An appeal from any judgment, sentence or order pronounced at a trial held by a Permanent High Court shall be made within twenty eight days from the pronouncement of such judgment, sentence or order to the Supreme Court and shall be heard by a bench of not less than five judges of that Court nominated by the Chief Justice. It shall be lawful for the Chief Justice to nominate himself to such bench.