Hon. Ajith P. Perera

¶ 01 There is another observation to be made. Fundamental rights applications seeking leave to proceed are often considered by the same Benches. It appears that certain Supreme Court Judges are not appointed to those Benches. I request you to analyze this situation. A government cannot simply say, “I am the Minister of Justice; I have nothing to do; that is entirely the Supreme Court’s power,” and wash its hands of it. When we raise this in Parliament, our concern is whether there is a continuing trend to stifle fundamental rights litigation; whether some Judges are not included in the leave-to-proceed Benches that determine jurisdiction on fundamental rights; whether there is any irregularity there or not. The responsibility to examine this rests with you and this Government.

¶ 02 Next, the situation at the Government Analyst’s Department. Over 30,000 samples have accumulated there. Previously, the time taken to analyze a sample sent to the Department and to file reports in the Magistrate’s Courts used to be as short as three or four months. Now that period has increased. It could be due to increased arrests, the spread of the narcotics scourge, or the rise in other crimes including firearms offences. Regardless of the cause, we have statistical reports given to Parliament showing that around 30,000 samples remain at any given moment at the Government Analyst’s Department.

¶ 03 Accordingly, it is essential to expand the Department’s capacity, provide facilities, increase staffing, introduce modern technology, and strengthen management. By improving management, we must ensure rapid testing of samples and prompt submission of reports to the Magistrate’s Courts, Hon. Minister of Justice. This is not a simple matter. Some people, who have done nothing wrong, are unfairly accused. At times, to punish someone for other issues, Police officers, without any just reason, detain people for long periods under Section 54 for narcotics-related grounds, holding them for less than a year and more. We have seen countless such instances during our professional careers and have experience of them. To prevent this, you have a responsibility to increase the efficiency of the Government Analyst’s Department, which is under your purview.

¶ 04 Furthermore, as I said during the last Budget as well as on several previous days, there is another matter. Thousands of money recovery actions filed by companies have piled up in the Colombo District Court. This surge occurred because Section 9(a) of the Civil Procedure Code was amended to allow suits to be filed wherever the plaintiff or the cause holder resides, without any rational basis, arbitrarily. Not only money suits—any suit. This also affects land cases. Now, land in Kalutara is sued over in Trincomalee. Is that acceptable?

¶ 05 Some do this to harass others. But the issue is particularly severe in money suits. The Colombo District Court is overwhelmed. You told me that a Bill to amend this is ready. I request you to bring this amendment as a priority Bill early next year and restore the previous position. At present, there are no money suits in the outstation District Courts, while thousands have congested the Colombo District Court; even the record room has no space. You know the background well. The Bar Association of Sri Lanka and the Panadura Bar Association have made representations to you. This is a countrywide problem. Therefore, the simple but important amendment to Section 9(a) of the Civil Procedure Code should be brought as a priority Bill next year. I trust you will do so.

¶ 06 Hon. Presiding Member, we also have a major concern about unimplemented policy proposals, draft laws, and promises in the Government’s Policy Statement. The most important reform to change this country’s political culture is constitutional change. At the last Presidential Election, both your Party’s candidate Anura Kumara Dissanayake and Sajith Premadasa promised to bring a new Constitution abolishing the Executive Presidency and establishing a parliamentary system. Hon. Minister, today is the 10th time I am raising this in Parliament. I also submitted a Motion to set a timeline for fulfilling the pledge to introduce a new Constitution. I have asked several times. Although the President speaks on many matters, he remains silent on this. What is your Government’s work plan and roadmap to bring a new Constitution? Or has that pledge been abandoned? Because with this constitution—amended and distorted many times—we cannot achieve the political change we aspire to.

¶ 07 If you think you can keep people quiet and make them accept this, do not underestimate the people of this country. Hon. Lal Kantha, I can see you are keen on this. When I spoke, your face brightened, showing you also believe we need a new Constitution, that the Executive Presidency is not good, and that a parliamentary democratic system should be established. You agree; I agree; both our Parties—Government and main Opposition—agree. But, Hon. Lal Kantha, even the drafting process has not begun. This Budget has not even allocated funds to obtain expert assistance. You saw what happened today?

¶ 08 Hon. Minister, bringing a new Constitution is a nationally important issue. It is your Government’s key promise, and the most important promise of Anura Kumara Dissanayake. It is the people’s expectation. Therefore, I hope that the process to bring a new Constitution for the future of this country will commence expeditiously and that the Bill will be passed soon. When it goes to a referendum and in Parliament, as the Samagi Jana Balawegaya, we will extend our full support.