Possibility of speedier justice
A boon awaits the harassed litigants of
this country in the form of the Criminal Procedure Special Provisions
Act, which will be taken up for debate in Parliament in May.
Under the provisions of this Act, the Attorney General would be
enabled to indict directly in the High Courts, those accused of serious
offences, rather than go through the time-consuming and laborious
process of conducting non-summary proceedings in respect of the crimes
in the Magistrate's Court.
In terms of these provisions, offences such as rape, premeditated
murder, violations of the law carried out with fire arms, for instance,
could be considered grave crimes, necessitating trial in the High Courts
directly.
Accordingly, the administration of justice is likely to be quickened
under the contemplated law, cutting down on trial time and reducing
Law's Delays.
As is known, Law's Delays constitute one of the biggest stumbling
blocks to the effective administration of justice in Sri Lanka. Since
justice delayed is justice denied, Law's Delays could in no way be
excused, although the litigating public has been compelled to shoulder
this painful weight, for numerous reasons.
Under the upcoming law, however, the possibility exists of
speeding-up the process of delivering justice and, thereby, enhancing
public confidence in the country's institutions of justice.
Public confidence in the judicial process is an important factor in
the maintenance of law and order and in the sustaining of the Rule of
Law.
It is crumbling faith in the institutions of justice which compels
volatile sections among the public, for instance, to take law and order
into their own hands, bypassing law-enforcement agencies. Such
situations, pose grave threats to even a country's democratic
institutions.
Therefore, the possibility of administering justice speedily needs to
be welcomed. We could be certain that even the judiciary would welcome
the new Act on account of the possibility it holds out of reducing the
backlog of cases awaiting clearance.
This too has been a principal worry of the judicial authorities in
that their workload has proved almost interminable. They could now look
forward to better times on this score.
We hope that the comparatively quick disposal of criminal cases would
have a salutary impact on the law and order situation in Sri Lanka. It
is widely recognised that prolonged delays in the dispensing of justice
have had the effect of multiplying crime.
This is on account of the sense of assurance the offender has that he
wouldn't be brought to justice quickly. The result is an escalation of
crime. Besides, public outrage is great that criminals are not brought
to book swiftly.
Hopefully, there will be less heart-burn on this score, in future.
Unity in South Asia
CRICKET, they say, is a great leveller.
Cricket, or for that matter any sport, can lead to better relations
between nations and peoples of the world. India and Pakistan are bitter
rivals at cricket and politically too, there have been low points in
their ties.
The current cricket series between India and Pakistan has become a
major boost to their ties. Indian-born Pervez Musharraf, the President
of Pakistan, witnessed the final match played in New Delhi along with
Pakistan-born Indian Prime Minister Manmohan Singh.
That alone would have been unthinkable at the height of tensions
between the two neighbours a few years ago. In addition, thousands of
Pakistani fans crossed the border to India to see the cricket matches.
Pakistan may have won the one-day series, but in the end, both countries
emerged victorious in the quest for peace.
The recent thawing of ties between the two SAARC giants augurs well
for peace and stability in the region. The two nuclear powers are moving
towards another phase in their search for peace and harmony.
The Pakistani President's landmark visit to New Delhi and the start
of cross-border train and bus services will act as beacons of hope for
the entire South Asian region. This successful visit contrasted with his
last trip across the border to Agra in 2001, when talks on Kashmir broke
down midway.
Resolving the Kashmir issue is the key to enhanced Indo-Pakistan
relations. President Musharraf and Indian leaders talked extensively on
Kashmir, which is a sign that both sides are willing to resolve the
contentious issue through negotiations.
Moreover, India and Pakistan agreed on Monday to open up the heavily
militarised frontier dividing Kashmir. President Musharraf and Prime
Minister Singh said they would work towards a "soft border" in Kashmir,
opening meeting points for divided families and boosting cross-border
trade, travel and cooperation. A soft border, though not a final
solution, will be a good starting point for peace in Kashmir.
Although SAARC traditions generally forbid the discussion of
bilateral issues at the Summit, the event will give the leaders of both
countries an opportunity to discuss the advancement of their mutual
ties.
It is thus imperative for both India and Pakistan to push for the
early holding of the SAARC Summit, which was postponed several times. It
will also project a better image of SAARC as a united, dynamic region.
In the words of Prime Minister Singh, "the people of South Asia do not
need further divisions, but greater unity". |