Making his oral submissions regarding the proposed amendments to the Judicature Act, President’s Counsel J.C. Weliamuna informed the Supreme Court yesterday that specialized courts can promote greater efficiency, often through streamlined procedures as well as higher quality and more consistent decisions in complex areas of law.
Weliamuna appearing on behalf of Deputy Minister Ajith P. Perera,a intervention petitioner made this remarks when the hearing pertaining to seven Special Determination petitions challenging the constitutionality of the bill entitled the Judicature (Amendment), a Bill to amend the Judicature Act No.2 of 1978 were taken up before a Supreme Court three-judge-Bench comprising Chief Justice Priyasad Dep, Justice Buwaneka Aluvihare and Justice Nalin Perera.
He further said most common rationale for the creation of specialized anti-corruption courts is the desire to increase the efficiency with which the judicial system resolves corruption cases.
“Some Court delays are intentional strategies. The public demand is to expedite trials in courts. A golden opportunity has arrived to rectify these issues. The litigations must be conducted not for the convenient of lawyers but for the convenient of the parties,” Mr. Weliamuna added.
President’s Counsel Dr.Jayampathi Wickremaratne informed court that the proposed permanent Trial-at-Bar is to be established within the provisions relating to the current High Courts.
He further said this bill was introduced after extensive deliberations before the Sectoral Oversight Committee on Legal Affairs and Media of Parliament consisting of representatives of all political parties represented in Parliament.
He said this committee submitted a report on recommendations pertaining to the expeditious and efficient administration of criminal justice on September 20,2017 which made a specific recommendation to introduce by law new permanent anti-corruption High Courts to hold day to day trials.
He further said a representative of the Sri Lanka Bar Association did not raise any objection regarding the establishment of such court structure before the said committee.
Saliya Peiris PC appearing on behalf of Prof. Sarath Wijesuriya told that judges for these courts are to be appointed by the Judicial Service Commission (JSC) among the existing judges of High Courts of Sri Lanka. He further said these judges are to be nominated by JSC head by Chief Justice.
Seven Special Determination petitions challenging the constitutionality of the bill entitled the Judicature (Amendment), a bill to amend the Judicature Act No.2 of 1978 were yesterday fixed for further argument on March 22 by the Supreme Court.
Seven Special Determination petitions had been filed by Sri Lanka Podujana Peramuna Chairman G.L.Peiris, Joint Opposition leader Dinesh Gunawardene, BASL President U.R. de Silva and four others. They stated that the concerned bill would vest in the ‘executive’ with arbitrary powers to decide as to whom to be tried before the proposed High Court and thereby deprive the citizens of equal application of the Criminal Procedure, which is essential for the upholding of the ‘Rule of Law.
In their intervention petitions Minister Patali Champika Ranawaka, State Minister Dr. Harsha de Silva, State Minister Eran Wickramaratne, Deputy Minister Karunaratne Paranavitharana, State Minister Ajith P. Perera, Prof. Sarath Wijesuriya, Saman Rathnapriya, Jayadeva Uyangoda, Attorney-at-Law K.W. Janaranjana, Gamini Viyangoda and Jagath Premachandra sought the Court’s intervention to make their submissions.
They also sought a declaration that the bill shall not become law through a two-thirds majority in Parliament and the approval of the people at a referendum.
The intervention petitioners further said the clauses of the said bill are not in violation of and inconsistent with Articles 3, 4(a), (b) (c), 12(1), 12(2), 13(3),14, 14(1)(g) 27, 75, 83 and 84(2) and the other Articles of the Constitution.
President’s Counsel Romesh de Silva, Gamini Marapana PC, Sanjeewa Jayawardena PC, Manohara de Silva PC, Kushan de Alwis PC and senior counsel Kanishka Vitharana appeared on behalf of the petitioners.
President’s Counsel J.C. Weliamuna, Dr.Jayampathi Wickremaratne PC, Geoffrey Alagaratnam PC, Saliya Peiris PC, senior counsel Viran Corea, counsel Suren Fernando and counsel Pulasthi Hewamanne appeared for the intervention petitioners.
Additional Solicitor General Yasantha Kodagoda PC with Additional Solicitor General Priyantha Nawana PC appeared for the Attorney General.
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