Justice delayed is hell

‘Justice delayed is justice denied’, is a much hackneyed saying, down the years, in this country. Ministers of Justice, chief justices, judicial officers of lower rank, criminologists and newspaper editorialists keep repeating it, but dispensation of justice not only continues to be denied, but the period of delays has become unbelievably longer.

To those at the receiving end, it is not only justice being denied, but also it is a living hell. To go back to hellholes that are our jails after paying hefty sums to lawyers or even go home to come back to courts another day is sheer torture, which people have to suffer because of a faulty judicial and penal system.

This week five prisoners arrested under the Prevention of Terrorism Act staged a hunger strike demanding that the hearing of their cases be expedited. Unlike prisoners held for alleged criminal offences, such accused more often than not are under the impression that their cases are not heard not because of a faulty system of administration of justice but due to deliberate racist acts. Thus, there is all the more reason that their cases be heard expeditiously.

In the adjoining article, an attorney- at -law pinpoints an extremely tragic case caused by the delays of the law. A Tamil girl in her early twenties had been indicted in the High Court under the Prevention of Terrorism Act. She had been arrested on a vague charge of having ‘made a sign or gesture which could be a sign to two purported accomplices’. Since the day of her arrest in 1998, she had been produced 17 times before courts! The lawyer says that when the case was called up for the 17th time on 06. 02. 2001, it was yet postponed till 28. 02. 2002 condemning the woman to languish in jail for a whole year! "Is this justice by any human standard?", the lawyer asks. It is very likely that there will be many more cases, both under the PTA and the normal law of the land, that have been going on for such lengthy periods.

The lawyer blames the Attorney General’s Department and calls for its reformation, but it is apparent that the entire system of administration of justice has to be reformed if there is to be speedy administration of justice.

The legal profession - like most professions - is notorious for its resistance to change. With so many outstanding lawyers in the top rungs of government, including Defence Minister Mr. Tilak Marapone, a former Attorney General, the public should press on for immediate reforms on dispensation of justice.

Enforcement of Panchaseela by law

Poya day regulations both on the sale of meat and liquor defy logic. Although sale of meat was banned on Poya day when the Poya holiday was first granted, now sale of meat is permitted - but only certain varieties of meats. For example, at supermarkets, imported meats of all varieties are for sale except local beef, mutton and pork.

These three items, however, are available as frozen packeted meat in the form of sausages and the like.

Buddhism is a philosophy based on logic, but the kind of logic this categorisation was determined on, is hard to comprehend. Buddhism does not forbid consumption of meat. Even some monks eat all kinds of meat if offered as alms. But even if one concedes that it is unBuddhistic to consume meat, how does one arrive at the conclusion that consuming imported meats, local frozen fish and packeted meats, any kind of canned meat is permissible, but not local beef, mutton and pork?

On the other hand, Poya day meat regulations permit the well-heeled yuppies and their girl friends to gobble up all kinds of meats (halal) at American fast food centres from morning till late at night!

Only the less affluent consumers and their pets, such as dogs who eat local meats, are subject to these laws of piety.

And if consumption of meat is unBuddhistic, why limit it only to Poya days?

The regulations governing sale of meat on Poya days are as illogical as the excise regulations governing the sale of liquor on such days.

Hawk-eyed excise officials keep constant vigil over clubs not entitled to sell liquor on Poya days, while the moonshine merchants make merry! Some say this is logical, financially speaking, for the excise boys.

The government should study the fast drop in the number of cattle killed in Colombo’s abattoirs in recent times; certainly no laws come into play. Was it due to medical advice against consumption of red meats, 'save the cattle' campaigns carried on by certain animal lovers' organisations or that butchers avoid abattoirs and sell meat directly to consumers and hotels?

Whatever the reasons may be, was Panchaseela meant to be enforced by law?

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