The Hon. Arun Hemachandra - Deputy Minister of Foreign Affairs and Foreign Employment

¶ 01 Hon. Presiding Member, this debate on amending the Code of Criminal Procedure is very important. Our country has faced serious problems, especially organized crime. Progressive reforms that support the justice system are essential. It is regrettable that reforms which should have come earlier are only now arriving. Research and global comparisons show we are behind.

¶ 02 Since the 2000s the internet spread rapidly, and many countries began adoption. In Sri Lanka, from around 2010, usage increased, but the pandemic accelerated global reliance on tools like Zoom. Even after 2019–2021, we did not fully adopt technology as we should have; that must be examined.

¶ 03 A former MP spoke about national security—Mr. Duminda Dissanayake—now reportedly under arrest in connection with a firearm incident. This shows the nexus between organized crime and political machinery. Regardless of government or opposition, we must accept that without a National People’s Power (NPP) Government, such progressive legal reforms would not happen. This Bill even provides opportunities to protect suspects who may be witnesses in other cases. Some such persons have been killed inside court premises; we must protect witnesses.

¶ 04 The banking system and private sector now routinely use secure PDF with passwords and protected systems to share sensitive data safely. With the world at this standard, our delay is regrettable; this Bill creates the opportunity.

¶ 05 Appearing in court can also be a burden for some witnesses; the Minister of Justice explained this. This Bill creates a freer environment to testify without harassment.

¶ 06 On specifics: Section 144 of the principal Act—where there is threat to life or public safety—this Bill creates new avenues for testimony. Many countries have used such measures against organized crime networks. In contrast, in our political culture since the days of “Soththi Upali,” “Julampitiye Amare,” the bodyguard “Beddagana Sanjeewa,” and the recent murder of “Ganemulla Sanjeewa,” politics has been tainted. Those attached to such a culture would never bring progressive reforms like this. We are now enabling reforms to reduce court congestion.

¶ 07 Recall the 2017 Kalutara prison bus shooting where officers and others were killed. Measures like this can help avoid such tragedies. In coming politically turbulent times, various pressures and disruptions may occur; this creates safeguards.

¶ 08 Clause 59 amending Section 273 of the principal law provides for audio-visual testimony and electronic evidence, including video links and technologies to gather evidence.

¶ 09 I recall Maryland v. Craig from the United States, a leading precedent allowing remote testimony, initially involving a child witness. Similarly, in 2003, the Indian Supreme Court in State of Maharashtra v. Dr. Praful B. Desai recognized video conferencing for evidence. In Sri Lanka during COVID, we tried certain things, but they did not advance into permanent law—regrettably. This Bill is a new beginning; we speak of national revival.

¶ 10 To the Opposition: there has not been a robust debate in this august Assembly on this Bill. Why? Are you opposed, unwilling, or unfamiliar? To move the country forward, many reforms to the justice system are needed. This Bill is not the end; more progressive laws will come. I urge all to support this Bill to advance the justice sector.