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Justice delayed: Sri Lanka’s criminal courts face a decade-long wait for verdicts

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By The Pulseline News Desk

For many Sri Lankans seeking justice, the courtroom has become a place where patience is measured not in months, but in decades.

According to Supreme Court Justice Yasantha Kodagoda, completing a single cycle of a criminal case in Sri Lanka takes an average of 10 years and two months, a stark reflection of the mounting pressures on a justice system struggling under the weight of an overwhelming caseload.

Speaking at a recent event, Justice Kodagoda painted a sobering picture of the country’s judiciary, revealing that approximately 1.1 million cases are currently pending before Sri Lanka’s courts. With only 333 courts handling these cases nationwide, the figures underscore the scale of the challenge facing the legal system.

If the caseload were distributed evenly, each court would be responsible for more than 3,300 cases. In reality, the burden varies, but the shortage of judicial resources remains a common denominator.

The existing court network comprises 80 magistrate courts, two child magistrate courts, 64 district courts, 94 combined district and magistrate courts, 53 High Courts, five commercial High Courts, 23 civil appellate High Courts, seven Court of Appeal judges, and five divisions of the Supreme Court. Yet despite this structure, the judiciary continues to grapple with delays caused by limited numbers of judges, legal officers, prosecutors, and administrative staff.

Justice Kodagoda outlined the lengthy journey of a criminal case through the legal system. After a crime is reported, police conduct investigations before the matter is presented before a magistrate. Serious cases are then referred to the Attorney General, who files indictments in the High Court, where the trial proceeds until judgment.

Each stage is susceptible to delays arising from investigations, procedural requirements, adjournments, witness availability, and the overall congestion of court schedules.

The judge cited findings from a 2013 survey, which found that the average criminal case requires more than a decade to reach completion.

To illustrate the reality facing victims and accused persons alike, Justice Kodagoda offered a striking example.

“If a burglary is reported today, the first phase of that case would only conclude in August 2036,” he said.

The implications extend far beyond statistics.

Extended delays can erode public confidence in the justice system, prolong uncertainty for victims awaiting closure, and leave accused individuals facing years of legal proceedings before their cases are finally resolved. Protracted timelines also increase costs for litigants and place additional pressure on law enforcement agencies, prosecutors, and court administrators.

Legal experts have long argued that reducing judicial delays requires a comprehensive approach that includes increasing the number of judges and courts, modernising case management systems, expanding digital court services, strengthening investigative capacity, and streamlining procedural rules to minimise unnecessary adjournments.

Justice Kodagoda’s remarks add renewed urgency to longstanding calls for judicial reform. With more than a million pending cases and average criminal proceedings stretching beyond 10 years, the challenge is no longer simply managing court backlogs – it is ensuring that justice remains timely, effective, and accessible.

As Sri Lanka continues to debate reforms across its institutions, the state of its courts serves as a reminder that justice delayed is often justice diminished.

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