Delivering express justice

Wednesday, 3 August 2011 01:19 - - {{hitsCtrl.values.hits}}

In a country well-known for its drawn-out court cases, the news that a Magistrate in Anuradhapura delivered 203 verdicts in one day is almost too good to be believed.But this did in fact happen. On Monday media reported that Magistrate Dharshika Wimalasiri convicted suspects in 55 per cent of 203 cases, while releasing the rest. Sentences were imposed on some of those convicted, while sentences on others were reserved and their fingerprints were ordered to be recorded.

Justice delayed is justice denied, as the saying goes, and the simple fact that the Magistrate had the courage to take up a task this heavy is commendable. It also shows that the justice system in Sri Lanka can be efficient if socially conscious people take the initiative and think differently. The very fact that 203 cases were dealt with during a short span of time is possibly unprecedented in Sri Lanka’s long history of plodding justice.

What was interesting to note is that almost all the case files relating to these 203 cases were destroyed when the Anuradhapura Magistrate Court and the record room caught fire on 24 January 2011. The Magistrate had taken speedy action to order Police to prepare fresh records. In most instances those involved in the cases can be excused for thinking that their judgement day would never come this side of a few years, but the opposite proved to be the reality in this instance.

One of the flaws of speedy justice is that it can then result in an inaccurate verdict. However, in this instance, it is clear that the Magistrate worked for nearly six months to prepare fresh reports and had the opportunity to study them before dispensing verdicts at a record rate. It is truly astounding to think that starting court sittings at 11:15 a.m., the Magistrate had delivered judgments in these 203 cases till 6:30 p.m. In an eight-hour day the number of cases that received verdicts would be around 25 per hour.

Clearly this is not foolproof or sustainable action; nonetheless there are two clear points to be gained. One is that if the judges and other law enforcement officials take it to heart to be more proactive, there is room for the system to become more efficient. The other is that well-prepared dispensing of justice can have remarkable results. A well-functioning system would mean that more people would have faith in justice and resort to it rather than taking matters into their own hands or letting injustices pass without action.

There are many instances when court cases drag on for decades, resulting in futile consequences. Delivering speedy verdicts can affect their accuracy, but there are also cases that are postponed for technical reasons, which can be dealt with effectively if the officials are willing to cooperate. At any rate this demonstration proves that it can be done and that much about the justice system can be fixed if those in responsible positions act with humanity and empathy. Justice should not be limited by procedures to the extent that it becomes a luxury but rather be accessible and efficient so that its purpose is served.