Parliament

Hearing of cases must be expedited - Justice Minister Athauda Seneviratne

Irangika RANGE, Sadasen MARASINGHE and Disna MUDALIGE

Speaker Chamal Rajapaksa presided when Parliament met at 1pm yesterday. After presentation of papers and questions for Oral answers the House took up the Record Reading of the Judicature (Amendment) Bill.

Athauda Senavirathne.(Justice Minister):-

There is a back log regarding all types of cases today. This back log of cases is, in a way, a deprivation of justice. So we have to expedite the hearing of cases. On the other hand the people have a tendency to seek justice.

Many countries have reformed their procedures to solve the issue of the back log of cases. During the reign of the Sinhale Kings we had the Gamsabah Jurisdiction and the litigants could go before the king if they were satisfied with the decision of the Gamsabah.

Our current court system was mostly introduced to us by the British.

But today the backlog of cases has become an issue. In a land case a litigant told me he was finally given ownership of the paddy field over which he went to courts 20 years after the case began. But by the time judgement was delivered the paddy field was not there to be seen as it had been wasted away.

Our Government for the first time established 63 new courts to solve the issue of a backlog in court cases.

This Amendment is to increase the number of High Court Judges from 60 to 75 to expedite the hearing of cases.

We have decided to hold additional courts and hear the cases for two years to reduce the back log of cases.

Earlier, cases worth below Rs 25,000 only could be brought before Mediation Boards.

But by increasing this value to Rs 100,000, that could be brought before the Mediation Boards, we were able to direct another 200,000 cases before the Mediation Boards reducing the burden put on the Courts.

We have planned to make arrangements through these Amendments to hear cases regarding family matters.

This would help to assure the confidentiality of family matters.

Ranil Wickremesinghe (UNP): The Minister stated that the number of High Courts are to be increased to 75 through this Amendment. But what is the use of these courts if the jungle law dominates this country.

A politician tied up a pubic servant to a tree. A man can be punished only by law. But is this correct?

A Samurdhi Officer is tied upto a tree as he was unable to attend dengue program. It is said the Samurdhi Officer could not attend that day as his child was sick. So, what is the use of law and Police.

Now you are trying to increase the number of High Courts and I would like to ask you, “Are you going to file charges against KP before these High Courts.”

G L Peiris (External Affairs Minister):

One of the main issues of the administration of justice is the long delay in dispensing Court decisions. This amendments will help solve this problem.

As a Professor of Law, I say fifty percent of the judges are my students. They are doing a very difficult job. If we criticise them here it damages their reputation as they have a right to reply here.

These type of criticisms without a basis have great repercussions on the image of the country.

It will only go to support the international tribunals attempting to interfere in the internal affairs of our country with the intention of harming it. Another issue is that a large number of people are in remand prison as they are not in a position to pay the fines.

Another matter that attention should be paid to is regarding children being brought before Court for giving evidence and other matters.

They should be brought before Court protecting their privacy and good name and without jeopardising their future.

I wish the Justice Minister could go further to solve all these problems regarding the law.

Deputy Speaker Priyankara Jayaratne takes the chair

M.A. Sumanthiran (TNA): I would like to question after the number of High Court Judges were increased earlier from 40 to 60 whether it had made any positive change. So increasing the number is not the only solution for the delay in the laws.

M.A. Sumanthiran Continues: There are an insufficient number of judges who can function in the Tamil languages. I hope that this deficiency could be solved with the increase in the number of Judges. By providing Tamil speaking Judges to the Courts proceeding will be conducted without any undue delay.

Dayasiri Jayasekara (UNP): We hear about the appointment of new Judges and the establishment of new Courts in the country, to avoid delays in Court cases. However, these appointments have not helped solve these existing problems in the field. Day by day, law and order in the country is deteriorating.

There is an accepted way of handling law and order but today this is not respected.

Some people still try to meet out the forms of punishments that existed during the times of the Kings. Innocent people are being victimised and Sri Lankan civilization and values have been destroyed. We must preserve law and order in the country.

Naveen Dissanayaka (UPFA): According to the Standing Orders the conduct of the President, Members of Parliament, Judges and the Attorney General cannot be criticised.

Namal Rajapaksa (UPFA): People have strong faith in the law and order of the country after the conclusion of war.

Due to the continuous postponing in court hearings people today are dissatisfied. To make court hearings efficient other institutions connected to it must be made efficient.

I believe that, the number of judges in the Supreme Court must be increased. I also think that ordinary people must be made more aware of the law and justice.

We must not betray or demean the judiciary system by using Parliament priviledges.

In some other countries, the judges are being elected by the public. Eventhough we do not see that system in our country, we hear about incidents favorable or partial decisions given in order to be popular.

There should not be any permission to practice the law of the jungle in this country. The one and only legislature that should prevail in all corners of this nation, must be the laws passed by this august assembly.

Time has come to include law as a subject in the school curriculum, and the people of this country must be armed with awareness of their rights and the laws of the nation.

Ajith P. Perera (UNP): Namal Rajapaksa, MP made a good proposal. That is to include law as a school subject.

This is important because the knowledge of the people on the rights, privileges and duties of them is not sufficient. This knowledge is vital for on average person in the country.

I would like to pay attention to the conduct of High Court.

A large number of court cases are complied in these courts. They also have other duties to attend as well. Therefore serious criminal court cases could not be solved at the proper time.

About 20 years is spent to solve a civil court case. About five months are spent in between two court hearings.

The lack of management skills are also seen among the judges.

Highways Deputy Minister Mervin Silva: Ajith P. Perera should be respected for talking to the point.

I want to make the Kelaniya seat a clean and pure one. I have taken many positive steps in this respect.

I ordered the closure of beef stalls hotels that carry on prostitution in my area. I request the people who criticized me to come with me to visit Kelaniya. No garbage can be found in the area.

We have cleaned it to prevent a dengue outbreak.

Ajith Kumara (JVP): People should respect the judiciary system. But today the ordinary man seems to have loss faith in the system.

The judiciary has been belittled today. Judges are under pressure. This situation has led to many injustices.

It is very unethical. There is no law prevailing in this country. Today, law of the jungle exists in the country. This is being proved with what’s happening. Deputy Minister Mervyn Silva had tied a Samurdhi Officer to a tree. People have loss faith in the law due to such incidents.

Murugesu Chandrakumar (UPFA): The country was battered by the brutal war for the past 30 years. People in the North and East had to face numerous difficulties during the war. Even today they suffer because resettlement has not been completed yet. They suffer even from heavy rains since they do not have proper houses. We must uplift the conditions of these people.

Environment Minister Anura Priyadarshana Yapa: The independence of judiciary is a very important element in a country. It is very clearly mentioned in the Constitution as well. Any party can appeal against injustice because the judiciary system have been expanded today. We cannot blame judges as we want. There is a legal procedure to follow for that. Otherwise it would be a bad example for the judiciary system.

We have to establish more Courts which will provide more justice to the people.

Sri Ranga (UNP): Everyone in this country should be treated equally.

Today there are many cases heard before Magistrates. It is questionable whether Magistrates get adequate security.

Today the situation is that criminals live at large while innocent people are imprisoned.

A. H. M. Azwer (UPFA): Justice Minister Athauda Seneviratne is doing a meritorious act today. For decades people suffered due to delays in the judicial system.

But this Government was able to establish 63 new Courts to redress the situation.

The Islam law is accepted in our land. The Muslims went to upcountry and the kings allowed them to observe their religion. They have lived amicably and peacefully in this country. I request the Minister to uplift the standard of Quati Courts.

Dr Jayalath Jayawardane (UNP): The ordinary people had a great respect in the judiciary. They reckoned that judges stood for justice. Today what has happened? What has happened to justice?

Today who reports matters to the Courts. It is the police. But the police are politicized. There is no Police Commission.

A. H. M. Azwer takes the Chair

Chandima Weerakkody (UPFA): This is a very significant amendment to the Judicature Act. Earlier there were big delays. In 2008 the Government decided to set up Civil Appellate Courts by an amendment so that the ordinary people who had to come to Colombo for their appeal against the judgements before DC could save time and money.

The cases under Intellectual Property Act, Company Act, Admiralty Jurisdiction etc. are confined to Courts in Colombo. So this is the time for us to decentralize the power to hear these cases by other Courts in other parts of the country.

Sriyani Wijewickrama (UPFA): This is a significant amendment to the Judicature Act. This amendment will help the litigants to get their cases heard without delay. Due to this amendment to increase the number of High Court Judges, one of the serious issues in the field of jurisdiction will be solved.

Mohan Silva (UPFA): People in this country still have faith in the judiciary system. We have presented these amendments to speed up the process of further strengthening in the country.

We have to be concerned about the facilities given to the courts, while paying attention to increase the number of High Court Judges.

The people who now speak about human rights, violated them openly in the past during the UNP regime.

According to the present law, the Chief Justice has enormous powers. But the President has not intervened in the appointment of the Chief Justice. This was a good example given by the President.

Sujeewa Senasinghe (UNP): About 6,000 court cases are piled in up in Civil High Courts.

But at about 12 o’clock the work of these are be being concluded.

Most of the people who come to these courts are poor people. But the criticism of judiciary must be used to improve the system. Wrong doings and mistakes can be corrected by considering these proposals.

Court judges should not be politically motivated. We have a good combination of laws and it is well compiled. But they are not practically enforced. The ‘Thesawalame’ Law should be amended.

Technology and Research Deputy Minister Lalith Dissnayaka: In the past, separate courts were operated in the north during the time of the LTTE. But the President was able to put an end to those defeating terrorism.

It is in the past that Judges’ independence were at stake and the police could not carry on their duties independently. A false image is being build that, the President has suppressed the freedom of the Attorney General. This is totally wrong.

We agree that tiring up a Samurdhi officer is not the way to establish law. Even Mervyn Silva has accepted it. Therefore, we ask the Opposition not to make false allegations.

Justice Deputy Minister Regionald Cooray: All speeches in the house brought out the fact that, justice should prevail in courts.

How to do it is the issue. The judiciary is required because justice could not be expected to come naturally always. But the judges who are appointed to establish justice have deficiencies, since they are also human beings.

We have come forward to do our best to protect, law and order under the guidance of the President.

This amendment is a step that we have taken to ease the delays of the court cases within two years. We have identified the reasons for the delay in court cases.

Measures are taken to establish new courts and increase the number of judges. The amendments to law will also be introduced as a remedy.

The Judicature Bill was passed with amendments.

Govt details well-being measures

The Government yesterday detailed its plans for the future well-being of former LTTE cadres now being rehabilitated.

Rehabilitation and Prison Reforms Minister DEW Gunasekera said that the Government has provided facilities to give vocational training including electrical, mechanical, carpentry, masonry, plumbing, beauty culture, Juki machine operation, computer operation and agriculture education for their future well-being.

We have also made provision for residential facilities for rehabilitated ex-child combatants at the Hindu College, Ratmalana for their education.

Educational activities necessary for adult youth who have missed Ordinary Level and Advanced Level examinations are being conducted at two centres in Vavuniya. He was answering a question raised by UNP MP Dayasiri Jayasekara.

A number of measures including the unification of families in peace villages, setting up PARC centres for family re-unification (Centres established for married ex-combatants), conducting agriculture based vocational training (Rehabilitation Village in Kandakadu and Trikonamadu), conducting vocational programs involving information technology for ex-combatants, establishment of a computer science laboratory, utilising sports as a medium of reconciliation, mental development and counsellings, aesthetic workshops, pre-school teacher assistance, language training, driver training in heavy vehicles, bakery industry and training on theater and art have been launched for the well-being of them.

The Minister said these persons were being trained by experts on these subjects. A total of 8,780 persons were arrested and 706 of them were being detained by intelligence divisions for observations, he said. IR, SM and DM

Not an act of punishment

Irangika Range, Sandasen Marasinghe and Disna Mudalige

Deputy Highways Minister Mervyn Silva told Parliament yesterday that he has a letter in his possession by a Samurdhi officer saying that he had volunteered to be tied to a tree and it was not an act of punishment.

Anybody can blame him but he would not harbour hate against any of them, the Minister said.

He said Samurdhi officials in his area were honourable people.

The Minister said a three-year old child of one of his relatives died of dengue in his hands.

He said he loved children. If people neglect their obligations in fighting dengue which brings tears to the eyes of mothers, that was a crime.

At adjournment

Look into pension anomalies - Sajith Premadasa

Sajith Premadasa (UNP): I request the Government to look into pension anomalies of retired Government sector employees. This issue was discussed in 2007, but since the problem still remains, I present this proposal again.

Even though Government sector salaries were increased twice the pension was not increased. As proposed by the Presidential Committees appointed in 2000 and 2002, the pension should be increased by 70 percent in line with the salary hikes given. A national pension scheme must be created. The cost of living allowance should also be extended to retired people. Justice must be meted out to retired Government sector employees by removing these anomalies.

Public Administration and Home Affairs Minister WDJ Seneviratne: The Government is in the process of placing the salaries of pensioners based on the salary point that existed in January 1, 2006.

No Government has been able to grant reliefs and allowance as this Government has.

John Amaratunga (UNP): This is a very important issue which affected public servants. The election pledge of giving 20 percent bonus interest for public servants has been breached.

The Government should continue paying this bonus interest. The Government should take action to pay back the money of the Golden Key depositors too.

Public Administration and Home Affairs Deputy Minister Dilan Perera: The UNP Government abolished the pension scheme of public servants. It is the present Government which decided to grant the pension scheme. We realized that the pension scheme should be restored for public servants. We took action to remove irregularities in the pension scheme of that affected widows and widowers by amending the laws.

The Government did not ask people to deposit money in the Golden Key Company. But we intervened to protect the rights of the depositors.

Ajith Kumara (JVP): The Government has belittled the commitment of public servants. That is why they abolished the 20 percent bonus. Public servants should be given their pensions and salaries without any anomalies.

The Government said that a Rs 2,500 salary hike will be given with the 2010 Budget. Now it has become a lie and the dreams of public servants have been shattered. Non of the promises given by the Government has been fulfilled.

Public Administration and Home Affairs Minister WDJ Seneviratne: When the UNP was in power, we can remember how public servants were treated.

Though there were proposals to decrease the numbers of public servants, we have not reduced even a single employee. Public servants are entitled to a pension.

The commitment of public servants should be considered. That is why the Government increased the salary and pensions of public servants. We have revised the pensions of retired public servants. Under the Mahinda Chintana we have taken action to remove salary anomalies of public servants.

This is not an election pledge. We will take all possible steps to remove the anomalies. During the last five years, the Government increased the amount of pensions. The cost of living allowance has also been increased.

IR, SM and DM