A prominent legal professional argues that Sri Lanka's case backlog stems from organisational inefficiencies and lack of prosecutorial capacity rather than judicial incompetence, calling for government and ministerial collaboration to resolve the crisis.
Legal expert Sarath Wijesinghe, a former ambassador and Bar Association official, has challenged prevailing assumptions about the causes of delays in Sri Lanka's justice system. Rather than attributing case backlogs to judge inefficiency or insufficient legal knowledge, Wijesinghe argues that systemic management failures and inadequate prosecutorial resources are the primary culprits affecting both criminal and civil proceedings.
According to Wijesinghe, delays in criminal cases are directly linked to organisational efficiency and the availability of prosecutors, while civil cases routinely stretch across decades due to structural weaknesses. He contends that the responsibility for addressing these failures rests with government officials and relevant statutory bodies, noting that other countries have successfully implemented concrete measures recognising that "justice delayed is justice denied." Wijesinghe emphasises that judges themselves require proper training and selection from qualified candidates rather than criticism for systemic failures beyond their control.
The legal professional has expressed concern about proposed constitutional amendments to increase judicial retirement ages, describing the approach as selective and suggesting ulterior motives. He calls for collaborative action between the Bar Association of Sri Lanka, government ministries, and the Ministry of Justice to develop comprehensive strategic plans aimed at increasing system capacity and addressing the alarming case backlog.
Wijesinghe has also highlighted broader governance concerns, including crime control failures and security lapses within prisons. He urges civil society, non-profit organisations, and citizens to engage professionally in advocating for systemic reform rather than allowing judicial issues to become tools for political advantage.
