Phase 1 of reforms project complete -CJ

Sarath Malalasekera

COLOMBO: Chief Justice Sarath N.Silva said all courts in the country have now been either refurbished or renovated and where necessary new Courts have been built by the Justice Ministry.

The Chief Justice was addressing the Legal and Judicial Reforms Project Steering Committee at the quadrangle of the Hulftsdorp Courts Complex. He said Phase 1 of the Judicial Reform Project initiated by him when he assumed office seven years ago was now complete having achieved almost the entirety of the objectives.

“It is indeed my privilege to welcome you on behalf of the Steering Committee of the Legal and Judicial Reforms project to this water-shed event at the historic quadrangle of the Hulftsdorp Courts Complex, the Chief Justice said.

He said the automated process, launched in eight courts, five in Colombo and three in Kandy would serve as model courts for future automation.

One system EARTMS is for audio recording and transcript of proceedings within the Court House. The other system is for the management of case records from the commencement to the end with a continuous tracking process.

‘These reforms will go hand in hand without decentralisation of hearing of appeals which was commenced last week in the Kandy Provincial High Court. By this we hope to grapple with the severe backlog of cases in the Appeal Court.

The Judges of the Supreme Court, the Judges of the Appeal Court, Attorney General K.C. Kamalasabeyson PC, Solicitor General C.R. de Silva, PC, Senior President’s Counsel, Senior and Junior members of the Official Bar, Presidential Secretary Lalith Weeratunga, Bar Association of Sri Lanka President Nihal Jayamanna, PC, Judicial Service Commission (JSC) Secretary Chandra Jayatilleke, Supreme Court Registrar Bandula Attapattu, Justice Ministry Secretary Suhada Gamlath, Senior and Junior members of the un-official Bar and several representatives of the World Bank were present.

The Chief Justice said the process of the Administration of Justice in this country, is the oldest in the Asian region. The Supreme Court was established by Royal Charter issued on April 18, 1801 by George the III, then King of the United Kingdom.

The Charter established for the first time a separation of the judicial power in this country from the exercise of executive and legislative power. It was indeed a unique liberal measure taken in colonial times. The Chief Justice said.

It is with a deep sense of satisfaction that I state to this distinguished audience that in an existence which spans over two centuries the independence of the judiciary has been carefully safeguarded by the long line of distinguished Judges who have adorned different levels of judicial office.

This quadrangle is historic, since in Dutch times the western building was the residence of the Governor, named Hulft.

The area came to be known as Hulftsdorp since the Governor resided in this very location. The Rock Bowl which we see standing at the centre of the quadrangle is characteristic of the rich history of this site.”

The history of their bowl is recorded in the Ceylon Antiquary and Literal Register Vol. IV, Part III of January 1919 under the title “The Ancient Bowl at Hulftsdorp”.

The Register has an article by then Chief Justice Sir Anton Bertram, K.C., According to the history as set out in the article the Bowl had been possibly used as a vat by Buddhist priests for dyeing their robes, the like of which is seen at Anuradhapura. With the movement of civilisation, the Bowl appears to have found its way to the Kotte Kingdom.

We hope to open the grand new courts complex of Jaffna, possibly in the course of next month. There has been a specific endeavour to establish courts in the North and Eastern Provinces.

The Court complexes in Vavuniya, Mannar, and Trincomalee characterise our genuine endeavour to impart even handed and efficient justice to all persons in the country irrespective of race, language or religion. Our institutions have remained unscatched by the ravages of war because we have conducted our affairs with the highest sense of equality without even a tinge of discrimination.

There has been a considerable input to capacity building. Large number of Judges and members of the Attorney General’s Department have received special training in foreign universities and institutions, in addition, here are weekly training programmes for batches of Judges at the Chief Justice’s residence in Colombo. Now used as the Judge. Training Institute - JTI.

In the next Phase of the Legal and Judicial Reforms Project the we hope to commence in June this year the work that we have hitherto done will be further strengthened with the construction of four new courts complexes in Matara, Galle, Kalutara and Kandy.

There will also be a new Judges Training Institute constructed in Hulftsdorp.

This Phase would have a wider ambit and would encompass the automation of the Company’s Registry and the implementation of new Company Law.

The Chief Justice said the Bar Association President is present and I wish to advert to particular section in the World Bank review as to recovery cost in litigation in Sri Lanka.

At an average a person who seeks to recover money through litigation has to incur 22.5% of what he recovers as cost. Out of the 21.2% is the “Attorney Cost” and only 1.3% consist of court costs. This seriously inhabits litigation and we have to reverse this trend to facilitate access to Court.