

Referring to the letters from Dr. (Mrs.) M. T. Reffai and Disgusted Litigant (‘The Island’ 5/9/08), for my own part I, would only be too ready to admit there is a great deal of reform called for in the Justice System, which is not getting attended to speedily enough.
It would seem this is especially due to the fact that there is no single authority within whose exclusive command the administration of justice falls.
The chief potential innovator, the Ministry of Justice, is comatose like the dormouse in Alice’s Wonderland.
Thus, correction of this situation demands a heavy groundswell of public agitation. For this, the public too, needs to upgrade its own levels of intelligence and responsibility in pressing its demands before the several authorities concerned.
Begging to differ with Plato, I would say it is not a sufficient ideal that kings be philosophers if society is to achieve fulfilment. Alas, as Marx found, the masses are asses. They killed Plato’s guru Socrates. They also killed Christ. So, left to themselves as they are, they could kill the king. So, society itself should sufficiently philosophize itself to achieve its goals, justice included.
Another significant factor, of course, is the people’s fear of the Courts and their Contempt powers.
It is absolutely correct none should attempt to trifle with the Courts. This is not only for the sake of the Courts themselves, but also for the very good reason that the very life of ordered society as well depends upon them.
Otherwise, all civil society would be totally exposed to the tender mercies of all its criminal elements, already riding high even as it is.
Meantime, however, there is good news.
By a revolutionary move initiated in the District Courts in Kandy, everyone of them is now equipped with a complaints box, which invites public ‘COMPLAINTS/CHARGES/SUGGESTIONS’, and these are therefore now available for anyone to present whatever grievance he has to the heart of the Courts system itself direct.
So, anyone with a complaint he fails to ventilate has only himself to blame.
Starting from Kandy, this movement has spread to Colombo as well, where, too, complaints boxes are installed, and at the instance of the learned Chief District Judge there, complaints etc., lodged are being regularly inquired into.
The complaints boxes should be universalized throughout all the country’s Courts.
I would respectfully venture to add yet another escape vent for grievances against administration of justice.
These are complaints made under the provisions of the 5th Exception to Section 479 of the Penal Code, no matter whether it concerns a civil or any other matter, or the highest or lowest level of the Courts system.
Copies of such complaints, charges, suggestions forwarded in addition to the Secretary of the Judicial Service Commission and/or His Lordship the Chief Justice himself, could also help in securing speedier attention.
Such complaints etc., deferentially expressed of course, could also be ventilated in the press – which could work miracles!
The practice is still in its early stages of infancy. As its use expands among all classes of litigants etc., revolutionary changes are bound to develop.
A suggestion I would like to pass on to Frustrated Litigant in
particular is why not he himself takes the initiative of forming another ‘Litigants’ Association’, which could formulate its own charter for litigants?
I could offer to lend him ours for a model to start with.
In this sphere, self-help is the order of the day!
For Kandy Litigant’s Association,
S. Costa, Attorney-at-Law,
President