Many lawyers have raised concerns over the circular issued by the Judicial Service Commission (JSC) requiring judges to conclude cases that have been pending for over five years, before the lapse of one year by hearing the matter on a daily basis, while questioning as to whether the JSC can make such directives to judges in the exercise of the their judicial powers. Many practitioners while admitting the fact that there is a grave need to expedite the hearing of cases, also say that there might be practical issues once this particular mechanism is introduced.
Expressing his views on the matter Senior Practitioner, AAL, Dr. Sunil Cooray said that if pending cases are heard on a day to day basis it will hamper the progression of newly filed cases. “The delay in cases is a very big problem. Partition cases tend to go on for thirty forty years. So that shouldn’t be the case and cases should be concluded much early. But I don’t think this is the solution for that. In my view this is not the solution. When these cases are to be heard daily what will happen to the new cases? People are in a hurry to get a divorce damages for death cause by negligence,” he said.
According to the circular issued by the JSC cases pending over ten years should be heard and disposed with immediately. This directive is applicable to cases at the Magistrate’s Courts, District Courts and the High Court.
Speaking to the Sunday Observer, Human Rights Lawyer J. C. Weliamuna said that delays in cases are a national issue and that needs to be addressed, and lawyers and judges equally have expressed their concerns over the matter and they are equally responsible for expediting the cases.
“I think there is a need to expeditiously conclude cases in particularly land cases and some cases require evidence such as examination of questionable document (EQD), cases are languishing for years. And some cases are without being taken up for trial for even five or ten years. This is a national issue that needs to be addressed.”
Another practical issue that was pointed out by Weliamuna was whether litigants will be able to bear the legal costs involved in conducting cases on a day to day basis.
“Day to day trials are taken up in most of the countries but that is when the case reaches the ‘trial’ stage. But here there are some practical issues for the clients being able to retain the lawyer for the consecutive days and whether if they can afford it.”
Dr. Cooray raised concerns whether JSC can issue directives to judges in exercising their judicial function.
“Whether to take up a particular case or not in preference to another, is a matter to exercise judicial power, in my view. JSC has no authority to give an order as to how a particular judge should exercise his powers where a judicial matter is concerned,” he said.
The JSC in an attempt to streamline and expedite the hearing of cases has set targets for judges to comply with which will be ultimately considered in assessing performance and deciding on promotions.
According to court officials some judges have already begun taking up matters on a daily basis.