Attorney-at-law Nagananda Kodituwakku yesterday filed written submissions against a Special Determination petition filed by the Bar Association of Sri Lanka (BASL) which challenged the proposed amendments to the Judicature Act.
Seven Special Determination petitioners, including the BASL, challenging the constitutionality of the Bill entitled ‘Judicature (Amendment), a Bill to amend the Judicature Act No.2 of 1978’ had been filed in the Supreme Court.
The intervention petitioner Kodituwakku states that he was challenging the petition of the BASL on the basis that the said petition is totally misconceived and without any basis on the following grounds. The President of the BASL U.R. de Silva has appeared before the Parliamentary oversight committee on the formulation of a policy framework for the proposed amendment to the Judicature Act to set up the new court, the High Court at Bar to deal with specific offences, and even in discussions on the Bill.
In December 2017, the President of the BASL had appeared before the Oversight Committee in looking into the draft Bill to amend the Judicature Act and has pledged to cooperate with the move to conduct day-to-day proceedings to avoid inordinate delay of cases. Kodituwakku further said it is learnt that throughout the parliamentary oversight process into the draft legislation, the President of the BASL had been part of the deliberations, with the Association’s Treasurer also taking part in consultations.
He said the proposed Bill comes in response to public outcry for speedy delivery of justice in cases of serious crimes particularly involving public funds compelling the government to establish a High Court at Bar which should have been a priority for the Government elected to office by the people in August 2015.
The intervention petitioner said under the Amendment, there will be a permanent High Court sitting at bar, meaning it would comprise a three-judge bench to which the Attorney General and the Director General of the Bribery Commission can refer cases. The criteria for referring cases is set out in the Bill, and it is only in serious matters that the cases will be referred to the High Court at Bar. The three judges to the High Court at Bar will be appointed by the Judicial Services Commission. It is essentially a Provincial High Court, permanently sitting at bar consisting of three judges.
Finally, Kodituwakku stated that the amendment proposed to the Judicature Act to set up the permanent High Court at Bar to try corruption and complex financial crimes and other serious criminal offences as set out in the Sixth Schedule to the Bill, does not require a two thirds majority and a referendum to be enacted, since the Bill does not violate any of the provisions as set out in Article 83 of the Constitution.
He moved Supreme Court to declare, that the Bill titledJudicature (Amendment) Bill does not require a two thirds majority and a referendum to be enacted, since any of the provisions in the said Bill does not violate any of the Articles as set out in Article 83 of the Constitution.
The Supreme Court’s determination over the proposed Bill is to be communicated to the Speaker in due course.
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