Delaying remedy for legal delays

• Published date: 07 February 2023
• Publication title: Daily Mirror

What is important here is not the decision of the judge, but the long gap between the time the offence allegedly committed and this decision. The decision did not conclude the case, but only directs to proceed with the case by which he has to wait further either to be released or to be convicted. Udugampola has been accused in this case for raiding a safe-house used by Army intelligence personnel at Athurugiriya Millennium City housing scheme on January 2, 2002 and revealing information regarding Army officials and their undercover operations. 21 years have passed since the alleged incident had taken place, but the case is still dragging on.

This is not the only case dragging on for years. Legal delays are not a new phenomenon in Sri Lanka. In an interview with the Daily FT of July 20, 2017, senior lawyer President's Counsel J. C. Weliamuna described this problem as a national crisis. It is a well-known fact that land related cases drag on in courts sometimes for decades, not years. Many cases under the draconian Prevention of Terrorism Act (PTA) have been drawn international attention mainly due to delay in disposing of them and have become a major political issue. During a speech in Parliament on June 23, 2021 even the then Youth and Sports Minister Namal Rajapaksa said that some of those who have been detained under the PTA have been in remand prisons longer than his age (35 years then).

Weliamuna had in his interview listed some of the main reasons for the delay in disposing cases in courts. 'A Supreme Court Bench has to deal with about 20-30 cases a day, which is humanly impossible. An average, two Benches are dealing with about 50 cases daily, of which about 15 are mere calling cases. Many cases are for support and about 10 cases are listed for full oral arguments. Naturally, more than half of these cases are postponed. We do not have a system of limiting the time given to a Counsel to make submissions. As such the backlog is huge.

'While cases are being disposed of, another set of cases are also being filed. Sometimes, lawyers become indisposed. Objections are not filed by Respondents in time. Due bench is not constituted for the argument date. Motions and documents filed in Registry are not in the file when the cases come up. Sometimes judgements are not delivered for months and years.

'Trial Courts have a few additional problems. It takes about 10 to 12 years...