The Hon. M. Nizam Kariapper, PC

¶ 01 Hon. Presiding Member, this is an important Amendment to the Code of Criminal Procedure. Clauses 2 and 4 empower Magistrates and High Court Judges to dispense with the personal attendance of suspects or accused in defined circumstances—timely and aligned with global practice, useful for high-security or high-volume cases.

¶ 02 The murder of Ganemulla Sanjeewa reminds us why this is needed. If he had not been brought to court physically, that issue may not have arisen. Though courts had inherent discretion, this is the first time we have express statutory provision. It is vital.

¶ 03 Clause 5 is a deeper reform—allowing remote testimony by contemporaneous audio-visual links, electronic submissions, admissibility of expert reports, and direct electronic engagement with State-sector experts. This modernization will expedite justice. But there are challenges.

¶ 04 First, there is a backlog in appointing High Court Judges—over ten, I believe—whose appointments by the President on the JSC’s recommendation are pending. Vacancies must be filled for quicker disposal.

¶ 05 Second, technological infrastructure is insufficient. Yesterday at the Commercial High Court, Presiding Judges told me their equipment is outdated; they had relied on USAID capacity-building, which has ceased. We must update equipment and build officer capacity; the costs are modest.

¶ 06 Third, there is no overarching supervisory institution. Under the President, or otherwise, there should be an overall body to oversee technology adoption and capacity-building across the Justice Ministry, Finance Ministry, Customs, and other agencies.

¶ 07 Another point: while this Bill allows contemporaneous electronic evidence from multiple witnesses in criminal matters, the Civil Procedure Code lacks equivalent provisions to lead evidence via technology. The Evidence Ordinance addresses some aspects, but procedure is needed. This is a problem in Commercial and District Courts when taking evidence from overseas witnesses. I am grateful to the Hon. Harshana Nanayakkara for confirming that Civil Procedure Code amendments are being drafted—mutatis mutandis should apply.

¶ 08 Finally, implementation requires updated equipment and officer training. Thank you for the opportunity.