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On the way to anarchy?
Monday, 31 December 2007 - 12:59 PM SL Time
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Chief Justice (CJ) Sarath N. Silva has, in a speech at the Kandy Court Complex, put his finger on something that is gnawing away at Sri Lanka`s social stability. However justified an aggrieved person may feel in taking the law into his hands, the CJ has said, he should desist from such a course of action as in so doing he only gets into deeper trouble. One couldn`t agree with him more! There is a high incidence of the people seeking to settle their scores on their own, in most cases through violence. If a pedestrian happens to be run over, people promptly organize themselves into a kangaroo court, hear the case in a few minutes and mete out dark justice the driver is assaulted, if not killed, and his vehicle set on fire.
It is not only ordinary people who act in that manner. Last week saw even the supposedly informed members of the fourth estate being jolted into meting out corporal punishment to an unruly minister at the Rupavahini Corporation. This is what a retired IGP says in a letter about the incident on the opposite page: `The public acclaim reflects the attitude that such outrageous conduct had to be brought to book at the hands of the public? Public had to take the matter into their own hands when the system was not equal to the task.` That is how every right thinking person in this country viewed that incident.
Sri Lankans are notorious for their predilection for quick fix solutions, when beset with some injustice?either perceived or real. Some of them even take their own lives or turn aggressive and violent at the drop of a hat. However, the problem of the people taking the law into their hands, we reckon, has more to do with the erosion of their confidence in the justice system over the years due to several reasons.
The dispensation of justice has become a very expensive process. The ordinary people cannot afford it. That`s why they say by the time a court case is over the loser becomes ash and the winner cinder. Most cases are like samsara as lawyers see to it that they drag on for years unless suspects go to jail or pay fines of their own volition. Nothing explains the sordid operations of lawyers better than this yarn: Once, a senior lawyer handed over a protracted case to his son who had just taken his oaths. A few days later, a triumphant son returned from court and proudly announced that he had won the case. Instead of hugging and kissing the son, the old man blew a gasket and thundered: `You fool, you finished that case with the help of which I bought my car, built this house and paid for your education!` Some judges are in league with lawyers. They ensure that a person who doesn`t retain a lawyer even for a trivial traffic offence pays a least twice the usual fine so as to impress on the public that unless they come with lawyers they have to pay more.
The inordinate delays in justice are mostly due to heavy workload stemming from lack of resources, poor management and procedural problems. Recently, we quoted Attorney General (AG) C. R. de Silva as having said that he was against the non-summary proceedings in the Magistrate Courts in respect of grave crimes such as murder and rape because they only resulted in delays. Some court cases are like soap operas. They go on for years and lack continuity and become confusing towards the end. Justice delayed, it is said, is justice denied. The frustration of the public is only natural.
The public are also getting disillusioned with the justice system because of the very low conviction rate which stands at four per cent at present. This appalling situation is attributable to laws delays, interference with evidence, lack of witness protection and corruption. AG has rightly pointed out that protracted delays in justice could either end in the acquittal of a criminal or even in the conviction of an innocent person. When cases drag on, witnesses get intimidated or even eliminated as suspects are enlarged on bail or they operate from behind prison walls as in the case of Kudu Nauffer to wipe out evidence against them. As for witness protection, very little gets done. In a country where a High Court Judge?Mr. Sarath Ambepitiya?has been assassinated by criminals, it is little surprise that some witnesses either keep away from courts or change their evidence to avoid trouble.
The very low conviction rate is due to widespread corruption in the police and allied departments. Although legal action is instituted against some lawbreakers, room is left for them to get away with their crimes. There have been disturbing reports of narcotics seized in raids turning out to be kurakkan powder in the end!
Parole for convicted criminals has also made a mockery of the justice system. As we pointed out in these columns on Dec. 24, the Panadura High Court Judge Mrs. Malini Gunaratne was in for a shock when she learnt that a suspect by the name of Gampolage Nimal Fonseka produced before her had previously been condemned to death. His sentence had been commuted to a life sentence and he had been released a few years later on the grounds of good conduct. Frowning on his parole, the judge said the release of such convicts was a travesty of justice it undermined the judiciary and encouraged serious crimes. The honest officers and men in the police must be thinking why on earth they should risk their life and limb to arrest criminals who, after conviction return home after a few years to cock a snook at them. On the other hand, would anyone in his or her proper senses want to give evidence against the suspects who virtually walk out of prisons?
Political interference has led to public disillusionment with the judicial system in no small measure. Notorious criminals operate freely selling drugs and killing people by virtue of their links to politicians. They reign supreme until they become embarrassing to their masters like Gonawala Sunil, Beddegana Sanjeewa , Wambotta et al. Last week`s incident at Rupavahini shed light on the unholy alliance between the underworld and politicians.
Political leaders also subjugate the judicial process to their interests. Under the UNF government, it may be recalled, several LTTE combatants arrested in a government-controlled area with weapons were enlarged on bail, though the offence they had committed was non-bailable, when the LTTE abducted a group of soldiers demanding their release much to the consternation of the judiciary.
All this has resulted in pent up public anger which finds vent from time to time in violent outbursts. Although they are spontaneous in most cases, if manipulated, they could lead to anarchy. That is the real danger of driving the people to take the law into their hands. Arresting this trend cannot be left entirely to one or two institutions. As the former IGP says in the conclusion of his letter, it is the roof that is crumbling. Reversing the trend is a gargantuan task which politicians, the judiciary, the police and the public service must put their shoulders to.
While urging the public to refrain from taking the law into their hands is in order, the conditions that have given rise to such a situation must be obviated. And fast!
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Ramz
Joined: Jul 2007
Posts: 780
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 31 Dec 2007 12:19:57 GMT Report for Abuse
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Justic Department should have autonomy and be independent..away from any political or outside influences.....so, the system will be implemented in teh country......I salute Sarath N. Silva for his gutzy brave stands against corrupt ruling party and their threats....there are still honest guyz left in sri lanka,,,,he is leading the group
The public acclaim reflects the attitude that such outrageous conduct had to be brought to book at the hands of the public? Public had to take the matter into their own hands when the system was not equal to the task.
well said IGP...
if they don't stop by now, public's reaction will get more dangerous in future..... |
massey
Joined: Dec 2007
Posts: 2
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 31 Dec 2007 15:06:14 GMT Report for Abuse
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Well written and well said. I also beleive that Sri Lanka is heading towards anarchy. The behaviour of the President in the Peter Hill Case and The thug Mervyn Silva's case point in that direction. Fifty years ago when the first racial violenece broke out, the government stood by did nothing for about a week. That state of mind has grown like a mushroom and is threatening the whole social fabric. My heart bleeds when I read with sadness how the country is heading towards anarchy and total destruction.
War is bad, war for 50 years is terrible. No country has ever benifitted from war. I hope People of Sri Lanka will come to senses soon.
Subra S.Massey
I left Sri Lanka 30 years ago and i built a 2 billion Rupee company in America. Imagine how many talented people Sri Lanka lost. Time to come to senses. |
johnlk2002
Joined: Nov 2007
Posts: 2
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31 Dec 2007 15:55:37 GMT Report for Abuse
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Yes very well said by chief justice. Political interference is main cause of the problems including his appointment as chief justice by passing his seniors. Will cj answer for this.
Kind regards
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Ramz
Joined: Jul 2007
Posts: 780
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 31 Dec 2007 16:03:18 GMT Report for Abuse
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Massey.....welcome to LNP
yeah......there are thousands of talented sri lankans there....our system doesn't get their talent in a proper way....wasted...
take an example...myself....I have degree from a university abroad......I'm not sure where I can be right now if I have decided to continue studies in sri lanka.....my collegus in school (who were sometimes more talented than me)are strugling to meet the current CoL...they stopped their education in the middle to take care of their families...
our system has to be corrected.... |
justman
Joined: Mar 2006
Posts: 992
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 31 Dec 2007 18:34:10 GMT Report for Abuse
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| Chief justice seems to go from town to town addressing people about law and order and other things and I would appreciate him very much if he address his own flock the judiciary,the judges in courts where so much injustice done where the court cases are dragged on endlessly by the corrupt lawyers.When people lose confidence in the justice system they resort to other illegal ways or there is a likely hood of people taking advantage to deny justice to others and bring chaos to the nation.politicians, top officials and moneyd people are the ones that take advantage of our flawed judicial system.Recent two events of Peter Hill and the Mervin the thug should have been dealt by a high court judge,whereby the unjust deportation and sacking of Mr hill could have been overruled and Mervin the thug would have been arrested.Failing Any court order would be a contempt of court,thus putting the BOI and the immigration officials in contempt and the IGP in contempt for that thug's debacle.Courts can act as the guardians of the nation,putting the politicians in check and we will all support it. |
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