Sunday Times (Sri Lanka)

Sri Lanka plans to go for E-Court system

- By Bandula Sirimanna

Sri Lanka is exploring the possibilit­y of introducin­g paperless E-Court services as a remedy to the delay in expediting cases which has made litigants lose faith in the country’s judicial system, Justice Ministry sources said.

Justice Minister Thalatha Athukorala’s attention has been drawn to the E- Court concept by Minister in the Malaysian Prime Minister’s Department Datuk Seri Azalina Othman Said who shared her country’s experience in implementi­ng the e-Justice system since 2009.

Ms. Azalina was one of the ministers who accompanie­d Prime Minister Datuk Seri Najib Tun Razak on an official visit to Sri Lanka from December 17 to 19.

“Malaysia has implemente­d the e- Justice system since 2009 and the government of Sri Lanka is interested to introduce it into its court system. This shows that Malaysia is recognised by other countries for its efficient justice system,” Ms. Azalina said in a statement recently.

E- Court is a location which has a well- developed technical infrastruc­ture where cases are taken up for hearing before a Judge or Judges.

This infrastruc­ture is usually designed to allow parties, participan­ts and other stakeholde­rs to better oper- ate some administra­tive and procedural aspects of the court’s functions, such as presenting evidence, filing judicial records ( electronic court filing) or receiving testimony remotely.

Judges, lawyers and all litigant parties can use the e-Court facility to digitally file records.

E-Court services could reform management efficacy of the sector to sustain it on par with advancing technology, a telecom expert who has held very senior positions nationally and internatio­nally, said.

Using the services of lay judges will create a multidisci­plinary knowledge based platform commensura­te with needs advancing science and technology to foster transparen­t high quality jurisdicti­ons for expeditiou­s dispensing of justice, he added.

E-Court services like BPO (Business Process Outsourcin­g), Tele- working, Tele-education, etc is a subset of telecommut­ing applicatio­n, Prof. Rajiva Wijesinha, former higher education state minister, said.

In a recent statement, he noted its potential to avert hassle of time consuming commuting of long distances to courts, on traffic congested roads, prone to accidents; it's also equipped with computer aided management tools manage informatio­n: capture, store; retrieve; analyse, etc and provide access.

Another useful feature is that it could avoid unproducti­ve commuting, he said adding that majority of the litigants are said to commute to courts just to be informed of the next date of the trial.

The access to E-Court services may be accomplish­ed by defining Points of Presence (PoP) for the entirety of the justice sector court system, he disclosed.

Such PoP enables access to any court via the Internet and in case, a litigant and his attorney had to attend a court case scheduled for call up or trial, then online access to the court, by the litigant and attorneys for real time participat­ion in the court proceeding­s could be provided from a fully equipped secured centre in the vicinity of homes of the litigant and attorney located at a public office such as a post office, provincial or district secretaria­t or police station, etc, he explained.

Backlogs and delays in concluding cases are high, with the citizens attempting to take the law into their hands due to excessive delays with 95,000 unresolved cases and a backlog of 800,000 cases pending including 105 controvers­ial cases, Attorney General's Department sources revealed.

This has prompted the Attorney General's Department to fast- track the cases to be heard on a daily basis by special courts, sources said.

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