Delaying remedy for legal delays

Colombo High Court Judge Adithya Patabendige rejecting a request by former police officer ASP Kulasiri Udugampola that he be acquitted and released from the famous Millennium City safe-house case without calling defence evidence, had decided on January 24 to proceed with the case.

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 for an average criminal trial to come to an end from investigative stage to the conclusion of all the appeals. Of course settlements are different. Presence of witnesses, not having appropriate advice from the Attorney General in time, not having reports such as EQD, not having translators etc., are a few other reasons. Another issue is not having proceedings of the previous day prior to the trial.” 

With these words of an eminent lawyer in the country one can understand the situation. However, the repercussions of the law-related delays are very serious. People subject to injustices such as losing their kith and kin, properties, prestige have to wait for justice for years or decades during which time he/she might die a natural death or deprive of justice due to the death of the accused. 

On the other hand; sometimes a wrongfully accused might have to languish in prison for decades until he/she is acquitted and released. For instance, an LTTE inmate from Akkaraipattu who was incarcerated for over 12 years, was released from prison on October 11, 2021. Vasanthi Ragupathy Sharma, a mother of three was remanded in July 27, 2000 (date of arrest likely to be earlier) as a suspect for the Town Hall bomb case and indicted in 2002. After 15 years, the High Court has determined she was not guilty. Another prisoner, Kandappu Rajasekar from Karaveddy in Jaffna who was also held for 12 years under the PTA was finally released after being acquitted of all charges on February 16 last year. An innocent person being incarcerated for such a long time in this manner is too serious than a person who has committed a crime being subject to such an imprisonment. 

With imprisonment of a person, especially for a long time his/her family is also forced to go through a horrible period. Education of their children might be put at risk. The family might lose the breadwinner. Relationships in the family might be endangered, members of the family might be dispersed and marriages might be broken. State also would incur millions in this process.

This issue has also been under discussion for decades. Every time people wax eloquent using the famous phrase “Justice delayed is justice denied.” But the resolution of it is not yet in sight.