Bill to establish Permanent High Court presented in Parliament

By Skandha Gunasekara

A Bill to amend the Judicature Act to establish a Permanent High Court at Bar was presented in Parliament yesterday by Chief Government Whip Minister Gayantha Karunathilaka.

The Bill seeks to amend the Judicature Act No. 2 of 1978 to establish a Permanent High Court and give it powers to try, hear and determine criminal offences on a daily basis, thereby expediting the legal process.

Accordingly, the Bill states: “Such a Permanent High Court at Bar shall consist of three judges sitting together, nominated by the Judicial Service Commission from among the Judges of the High Court of the Republic of Sri Lanka of which one Judge shall be nominated by the Judicial Service Commission as the Chairman of such Court.”

It will enable the Permanent High Court at Bar to try multiple offences, including theft, dishonest misappropriation of property, criminal breach of trust, criminal breach of trust by a clerk or servant, criminal breach of trust by public servant, banker, merchant or agent, dishonestly receiving stolen property, cheating, forgery, making a false document, making or possessing a counterfeit seal, plate, and, etc. with intent to commit a forgery, offence of money laundering, bribery of judicial officers and Members of Parliament, bribery of police officers, peace officers and other public officers, corruption and conspiracy and abetment to commit the offences under the Bribery Act.

Additionally, the Bill will give legal effect and enable the Permanent High Court at Bar to (a) make provisions for the Permanent High Court at Bar to try, hear and determine the trials of the offences specified in the Sixth Schedule to the principal enactment and any other offence committed in the course of the same transaction of any such offence; (b) specify the composition of the Permanent High Court at Bar; (c) enable the Minister to specify the location or locations of the Permanent High Court at Bar; (d) enable the Attorney General and the Director General for the Prevention of Bribery and Corruption to institute criminal proceedings in the Permanent High Court at Bar; (e) make certain other provisions which shall apply for the trials of the Permanent High Court at Bar; (f) make provision for an appeal from the Permanent High Court at Bar to be heard by a bench of not less than five judges of the Supreme Court; and (g) make provision for the construction of other written law, consistent with the provisions of this amendment.