Cabinet approves day to day trials in HC mandatory

The Cabinet on Tuesday approved a proposal submitted by Justice Minister Thalatha Atukorale to make Day to Day trials in the High Courts mandatory in order to address laws delays, Cabinet spokesman, Health Minister Dr. Rajitha Senaratne said.

Minister Atukorale told the Cabinet in her memo that although a circular has been issued to judges by the Judicial Service Commission (JSC) directing that trials over five years old be held day to day, it is observed more in the breach or not carried out properly.

‘The proviso to Section 263(1) of the Code of Criminal Procedure, Act, No. 15 of 1979 states that every trial in the High Court with a jury or without a jury shall as far as practicable, be held day to day. Despite this legislative provision, trials are not held day to day and this has resulted in an enormous backlog of cases in the High Court,” Minister Atukorale stressed.

At the end of 2015, there were approximately 16,960 cases pending in the High Courts Islandwide. The total number of cases pending in the High Courts at the end of 2016 was 16,463 and the total number of cases pending up to September in the year 2017 was 17,565, she said.

“This situation has to be remedied without further delay resulting the requirement of an amendment be brought to section 263 of the Code of Criminal Procedure Act, No. 15 of 1979 to make mandatory, day to day trials in the High Courts, except in exceptional circumstances and for good reasons which have to be recorded, she stressed.

Accordingly, the Section 263 of the Criminal Procedure Code will be amended to make mandatory day to day trials in the High Court, except in exceptional circumstances an d for good reasons to be recorded, Minister Atukorale noted.

The amendments will be referred to the Legal Draftsman to draft legislation for the purpose shortly. (Sandun A Jayasekera)