Columns

By Sandun Jayawardana  

The perennial issue of laws delays again came to the surface yesterday (2) as Parliament debated the head of expenditure of the Ministry of Justice, Prison Affairs and Constitutional Reforms.

Addressing Parliament, Justice Minister Wijeyadasa Rajapakshe revealed that there were 1,104,458 cases being heard in courts throughout the country as at June 30 this year. All these cases are being heard by 429 judges. Though the number of Justices in both the Supreme Court and the Court of Appeal were increased under the 20th Amendment to the Constitution, it must be acknowledged that the number of cases that have been resolved has not increased in comparison to the increase in the number of judges in the Superior Courts, said Minister Rajapakshe. The COVID-19 pandemic and the civil unrest experienced last year also played a part in delaying cases from being dealt with speedily, he added.  

The Attorney General’s Department meanwhile, is currently handling about 40, 000 cases with a limited number of staff, he noted. Meanwhile, as at September 30 this year total of 1167 court cases regarding child abuse have been concluded while 1527 cases are still pending in court, he told Parliament.

Minister Rajapakshe also acknowledged the delays in the Government Analyst’s Department. The pandemic period and the economic crisis also impacted the department, with them finding it difficult to purchase certain chemicals needed for their work. Some chemicals were not available in the market during the pandemic. Though that problem has been sorted out, other issues remain, he further said.

The Government Analyst’s Department had received 10, 491 suspected drug samples for testing as at end of October this year. The department has to spend at least Rs. 20, 000 to test one sample. Out of the samples sent in 2023, 1477 did not contain any drugs, the minister revealed. Out of 20, 257 samples received from 2022 to August 15, 2023, a staggering 7.3% did not contain any drugs. Out of 8351 suspected heroin samples received in 2023, 790 or 9.5% did not contain drugs. “This is a very serious issue. Suspects are kept in remand custody until results from these samples come back. We are not sure whether the police are doing this deliberately or whether they are genuinely under the impression that these samples contain drugs. It could even be that the samples have been changed while being sent for testing. I have asked both the Inspector General of Police and the Minister of Public Security to investigate this matter,” said Mr Rajapakshe.

He revealed that tests on 5505 samples at the Government Analyst’s Department have been pending for more than three months while 2011 had been pending for more than six months. This comes to 7516 samples in total. More than 27, 000 inmates, both prisoners and remand suspects, are currently in prison. Given the delays in tests at the Government Analyst’s Department, 5000 to 6000 of that prison population could be spending time in prison due to those delays. “We have taken steps to complete these tests and release the results within three months,” he told the House.

Samagi Jana Balawegaya (SJB) MP Thalatha Atukorale meanwhile, drew attention to what she called the increasing politicization of the judiciary, which she noted was not a good trend.

When it comes to making appointments to the Superior Courts, the Constitutional Council (CC) should be given more responsibility and it should not act as a rubber stamp, she further said.

Ms Atukorale, a former Justice Minister, also pointed out that there are many complaints against some judges but the Judicial Service Commission (JSC) has been slow to act on these complaints. Some courts meanwhile, flout circulars issued by the JSC regarding the administration of courts. She urged the minister to look raise these matters with the JSC.

Tamil National Alliance (TNA) MP M.A. Sumanthiran pointed out that Pastor Jerome Fernando has been arrested and remanded under the ICCPR Act while Ven. Ampitiye Sumanarathana Thera from Batticaloa who had openly made comments about “cutting Tamils to pieces” continues to remain free and is considered above the law, said the MP.

“This is the curse of this country and I think the Minister of Justice must be ashamed to call himself the Minister of Justice when there is no justice,” said Mr Sumanthiran, adding that “blatant discrimination is apparent.”

“The problem is that the trust that people have in the organs of the State have now deteriorated to a critical level,” National People’s Power MP Dr. Harini Amarasuriya said.

She claimed that there’s a pattern regarding Bills that are coming before the legislature where priority has been given to those Bills that seek to suppress the voice and freedoms of the people. The Prevention of Terrorism Act (PTA) continues to be applied even though this government declared a moratorium on it. Meanwhile, Counter Terrorism Act which the government put forward as a replacement to the PTA and later backtracked on after being challenged is now being presented again almost as the same Bill. The Online Safety Bill and others like it are also being presented. “It seems as if the main mandate of the government in power is to somehow remain in power at all costs,” said Dr. Amarasuriya.

Other heads of expenditure that were debated and passed this week include the heads of expenditure of the Ministries of Public Administration, Home Affairs, Provincial Councils & Local Government, Transport and Highways, Urban Development and Housing, Health, Industries, Trade, Commerce and Food Security.

The committee stage debate of Budget 2024 continues next week.