The Hon. Susantha Dodawatta, Attorney-at-Law

¶ 01 Hon. Deputy Chairperson, thank you for the opportunity to speak on the Votes of the Ministry of Justice and National Integration. As the Minister stated in his opening, through this NPP Budget, steps are being taken to build an independent, impartial, and publicly trusted justice system. Digitization of courts and related institutions has begun; Rs. 7,200 million has been allocated for infrastructure, and funds are provided to complete ongoing and 30 new projects.

¶ 02 On remand congestion: there are over 20,000 remand prisoners. This has serious socio-economic impacts. Under the previous government, in cases under the Poisons, Opium and Dangerous Drugs Ordinance for possession of over 10 grams of a dangerous drug, bail jurisdiction was shifted up to the Court of Appeal. Thus, a suspect from Jaffna, for instance, must come to Colombo, raising language and cost issues and adding to prison congestion, since a large share of remand inmates are drug-related suspects.

¶ 03 We have introduced an amendment to the Code of Criminal Procedure now at the Government Press, to enable online testimony not only in selected cases and persons as before, but for any person to testify online. This will facilitate high-risk inmates and persons overseas, enhance efficiency, and we are also acting to promptly dispose of or destroy non-essential exhibits in Magistrates’ Courts.

¶ 04 However, resources alone do not make the system independent or efficient. We saw misuse of the ICCPR Act to arrest persons in cases like Hejaaz Hizbullah, Shakthika Sathkumara, and Nadeesha Edirisinghe. The question arises whether the courts acted independently. Judges must set aside personal, political, religious or other biases and adopt a judicial mindset.

¶ 05 In this Budget, funds are allocated for judicial education and awareness for judges. We need judges with broad vision and judicial temperament. Another under-attended area is legal academia and research. Many publish valuable research, but uptake into policy is weak. Funds are allocated via the Law Commission to incorporate such research into future legal development.

¶ 06 Looking at recent history, an apolitical, independent justice system is being built under the NPP Government.

¶ 07 On a historical note, former Chief Justice Sarath N. Silva later said regarding the 2012 “Helping Hambantota” matter that had he made the right decision then, Mahinda Rajapaksa would not have been re-elected President. This shows political interference plagued the judiciary. Our Government is transforming it into an independent institution. We have strengthened the Judicial Service Commission to act against errant judges. By improving infrastructure, filling vacancies, digitizing processes, and pursuing legal reforms, we will build an independent, efficient justice system under the rule of law and a dignified citizenry. Thank you.