The Hon. M. Nizam Kariapper, PC

¶ 01 Hon. Deputy Speaker, with regard to the constitution of a Select Committee on the Administration of Justice, I move the following Adjournment Motion:

¶ 02 “There is growing public concern regarding the administration of justice, leading to a loss of confidence in key institutions responsible for upholding the rule of law. The primary institutions involved in this process include, (1) the Police, as the main investigative authority, (2) the Attorney-General’s Department, as the State prosecuting office, (3) the Judiciary, which ensures the implementation of justice.

¶ 03 Additionally, there are other essential institutions such as the Government Analyst’s Department, the Bar Association of Sri Lanka and the Department of Prisons. They all play a crucial role in this framework.

¶ 04 At present, there is a lack of understanding regarding the respective functions of these institutions—not only among the public but also among parliamentarians—resulting in misunderstandings and misgivings. Many of these institutions suffer from severe resource constraints, including a shortage of officers, particularly within the Attorney-General’s Department. Furthermore, there is a significant lack of seniors, experienced professionals in the field, as many leave in search of better career prospects.

¶ 05 Compounding these challenges, public trust in these institutions has been undermined by delays in the justice process.

¶ 06 Members of Parliament often make pronouncements targeting these institutions, possibly to appease their electorate. This is a dangerous trend that further erodes credibility and weakens the justice system.

¶ 07 Therefore, I propose the establishment of a Select Committee on the Administration of Justice with the objective of preparing a report for implementation on the following matters, among others that may be included later:

¶ 08 1. Expediting Pending Criminal Cases — exploring ways to accelerate the resolution of pending criminal cases within the framework of the law.

¶ 09 2. Fast-Tracking Investigations and Indictments — ensuring prompt investigation and filing of indictments in major crimes that have shocked the public, such as the murder of Dinesh Schaffter, the masterminds behind the Easter Sunday attacks, and recent underworld-related shootings.

¶ 10 3. Enhancing Trial Efficiency — developing more effective mechanisms for filing indictments and charge sheets to ensure timely trial conclusions. Under the 2013 and 2022 amendments to the Code of Criminal Procedure, the Attorney-General has the authority to file a direct indictment and request a special jury, dispensing with the non-summary procedure. It is a well-established principle that jury trials should proceed without interruption—even on Saturdays and late into the afternoon—allowing trials to conclude within a maximum of 10 days.

¶ 11 4. Engaging Specialists — facilitating the engagement of specialists, either through hiring or honorary services, to assist in investigations and the preparation of charge sheets and indictments.

¶ 12 5. Establishing Provincial-Level Prosecuting Offices — integrating the Police Legal Division and the Attorney-General’s Department at the provincial level.”

¶ 13 Additionally, ad-hoc financial provisions can be provided to recruit temporary State Counsel at senior level in the provinces, and to retain retired High Court Judges and retired State Counsel to work provincially, so that advice files need not be sent to the Attorney-General’s Department, where there is a heavy backlog.

¶ 14 Let us have a Select Committee to restore public confidence in the justice system by ensuring efficiency and effectiveness. Such a Committee can summon the Attorney-General, judicial officers and the Government Analyst to ask why delays occur and why indictments are not filed. This will be an official, transparent process. Many Government Members have the expertise to serve—such as Hon. (Dr.) (Ms.) Kaushalya Ariyarathne, a respected legal professional—and many backbenchers are ready to work. There is nothing political in this; we must restore public confidence in the administration of justice. I urge the House to appoint this Select Committee.