State not intending to set up separate HC trial-at-bar: SASG

Senior Additional Solicitor General Yasantha Kodagoda said yesterday the State did not intend setting up separate High Court Trial-at-Bar but a Bench constituted from the existing cadre of High Court judges.

He said the proposed permanent High Court-at-Bar shall consists of three judges nominated by the Judicial Services Commission from among the high court judges with one judge being nominated as Chairman.

Senior Additional Solicitor General Kodagoda with Additional Solicitor General Priyantha Nawana, Deputy Solicitor General Nerin Pulle and Senior State Counsel Yuresga de Silva appeared for the Attorney General for the special determination by the Supreme Court on the proposed “Judicature Amendment” Bill.

He said the permanent High Court-at-Bar shall have jurisdiction in respect of the offences committed by any person wholly or partly in Sri Lanka or committed by a Sri Lankan citizen outside Sri Lanka or on Board any ship or aircraft.

The senior ASG said the High Court was originally set up in 1973 by the Administration of Justice Act as an institute of administration of justice and it inherited criminal jurisdiction which was earlier done by the Supreme Court.

He said the District Courts and the Magistrate’s Courts had also conferred with these jurisdiction and all trials were heard by jury and thereafter the administration of the justice law was repealed by Article 105 of the Constitution and the Supreme Court, Appeal Court, High Court, etc.set up.

"In the nature of High Court, there are two separate Courts namely High Court of the Republic and High Court of Province under the Article 105(1)(c) of the Constitution. The differences between them are insignificant Under Article 112(b), the power of disciplinary conduct, Appointment and removal of High Court judges are vested in the Judicial Service Commission whereas it was earlier performed by Chief Justice. High Court of Province was created by the 13th Amendment to the Constitution and in spite of the creation of the High Court of Province, the High Court of Republic continue to exist. In terms of our law, there are modes (manner or mechanism) of hearing the cases namely (1) Trial at Bar by High Court judges, (2) hearing by the High Court by jury before a High Court Judg, (3) hearing by three judges of the High Court without jury namely High Court at Bar or Trial at Bar by distinguished Judges," the senior ASG said.

He traced the origin of the High Court Trial at Bar, on the eve of the Sinhala--Muslim riots, the 3rd mode of hearing by three judges was introduced for the offences of civil commotion, disturbance of peace so and so forth whereas this crimes were originally heard by the Supreme Court and the power remained conferred on the Governor then but it was taken away and conferred on the Minister now where the proposed Bill provides for the 3rd mode of hearing.

The senior ASG underlined the government policy submitted that the 6th schedule to the Judicature Amendment has series of offences namely serious financial and economic crimes unde Penal Code. He differentiated the gravity of the offence mentioned in the theft category said it would be considered on the seriousness not on the nature of the crimes.

"Some of the serious crimes listed in the said schedule are Dishonest misappropriation of Property, Criminal breach of trust. In the aftermath of abortive coup of 1962, parliament enacted criminal law (special provision) Act, he reminded," he said. The hearing for a special determination of the Supreme Court was taken up by a Bench comprising Chief Justice Priyasath Dep, Justices Buwaneka Aluvihara and Nalin Perera. (S.S.Selvanayagam)