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Jurisdiction Committee Final Report 2021

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Jurisdiction Committee Final Report 2021 FINAL REPORT OF THE COMMITTEE APPOINTED TO REVIEW THE DEMARCATION OF JURISDICTION AND TO INCREASE THE NUMBER OF COURT HOUSES INCLUDING THE HIGH COURTS July 2021 Table of Contents EXECUTIVE SUMMARY ............................................................... 3 INTRODUCTION .......................................................................... 9 ESTABLISHMENT OF THE COMMITTEE AND ITS MANDATE ........................ 10 LEGAL FRAMEWORK ........................................................................... 11 METHODOLOGY ................................................................................. 17 SOURCES CONSIDERED FOR RECOMMENDATIONS .................................. 17 ISSUES IDENTIFIED BY THE COMMITTEE ............................................... 23 WESTERN PROVINCE ............................................................... 26 EXISTING COURT STRUCTURE IN THE WESTERN PROVINCE ...................... 27 ISSUES REVEALED BY REGIONAL BAR ASSOCIATIONS.............................. 29 RECOMMENDATIONS AND JUSTIFICATIONS ............................................. 38 SUMMARY OF RECOMMENDATIONS – WESTERN PROVINCE ....................... 66 SCHEDULE – WESTERN PROVINCE ........................................................ 71 NORTH WESTERN PROVINCE ..................................................162 EXISTING COURT STRUCTURE OF THE NORTH WESTERN PROVINCE .........163 ISSUES REVEALED BY REGIONAL BAR ASSOCIATIONS AND RECOMMENDATIONS OF THE COMMITTEE ............................................164 SUMMARY OF RECOMMENDATIONS – NORTH WESTERN PROVINCE ...........184 SCHEDULE – NORTH WESTERN PROVINCE ............................................188 SABARAGAMUWA PROVINCE ...................................................254 EXISTING COURT STRUCTURE OF THE SABARAGAMUWA PROVINCE ..........255 ISSUES REVEALED BY REGIONAL BAR ASSOCIATIONS AND RECOMMENDATIONS OF THE COMMITTEE ............................................256 RATNAPURA ......................................................................................260 SUMMARY OF RECOMMENDATIONS – SABARAGAMUWA PROVINCE ............267 KEGALLE ..........................................................................................267 SCHEDULE – SABARAGAMUWA PROVINCE .............................................269 CENTRAL PROVINCE ...............................................................298 EXISTING COURT STRUCTURE OF THE CENTRAL PROVINCE ....................299 ISSUES REVEALED BY REGIONAL BAR ASSOCIATIONS AND RECOMMENDATIONS OF THE COMMITTEE ............................................300 SUMMARY OF RECOMMENDATIONS – CENTRAL PROVINCE .......................318 SCHEDULE – CENTRAL PROVINCE ........................................................321 1 NORTH CENTRAL PROVINCE ...................................................388 EXISTING COURT STRUCTURE OF THE NORTH CENTRAL PROVINCE ..........389 ISSUES REVEALED BY REGIONAL BAR ASSOCIATIONS AND RECOMMENDATIONS OF THE COMMITTEE ............................................390 SUMMARY OF RECOMMENDATIONS – NORTH CENTRAL PROVINCE ............397 SCHEDULE – NORTH CENTRAL PROVINCE .............................................399 UVA PROVINCE ........................................................................431 EXISTING COURT STRUCTURE OF THE UVA PROVINCE ...........................432 ISSUES REVEALED BY REGIONAL BAR ASSOCIATIONS AND RECOMMENDATIONS OF THE COMMITTEE ............................................433 SUMMARY OF RECOMMENDATIONS – UVA PROVINCE .............................450 SCHEDULE – UVA PROVINCE ...............................................................453 EASTERN PROVINCE ...............................................................481 EXISTING COURT STRUCTURE IN THE EASTERN PROVINCE .....................482 ISSUES REVEALED BY REGIONAL BAR ASSOCIATIONS AND RECOMMENDATIONS OF THE COMMITTEE ............................................483 SUMMARY OF RECOMMENDATIONS – EASTERN PROVINCE.......................504 SCHEDULE – EASTERN PROVINCE ........................................................508 NORTHERN PROVINCE ............................................................548 EXISTING COURT STRUCTURE IN THE NORTHERN PROVINCE ...................549 ISSUES REVEALED BY REGIONAL BAR ASSOCIATIONS AND RECOMMENDATIONS OF THE COMMITTEE ............................................550 SUMMARY OF RECOMMENDATIONS – NORTHERN PROVINCE ....................560 SCHEDULE – NORTHERN PROVINCE .....................................................562 SOUTHERN PROVINCE ............................................................596 EXISTING COURT STRUCTURE OF SOUTHERN PROVINCE.........................597 ISSUES REVEALED BY REGIONAL BAR ASSOCIATIONS AND RECOMMENDATIONS ..........................................................................598 SUMMARY OF RECOMMENDATIONS – SOUTHERN PROVINCE ....................611 SCHEDULE – SOUTHERN PROVINCE .....................................................615 2 EXECUTIVE SUMMARY Objective of the Committee This Committee was appointed by the Hon. Minister of Justice to review the existing territorial jurisdiction of Courts in order to increase the number of Courts including High Courts as a solution to the perennial problem of law’s delays. Recommendations of the Committee The main recommendations of the Committee are: - Creating Judicial Divisions, Judicial Districts and Judicial Zones - Establishing new Magistrates’ Courts, District Courts and High Courts - Establishing Additional Magistrates’ Courts, Additional District Courts and Additional High Courts where there are more than 5,000 pending cases, 2,000 pending cases and 500 pending cases, respectively - Increasing the number of Magistrates, District Judges and High Court Judges - Reallocating police station areas and Grama Niladari Divisions (Divisional Secretariat Divisions) among Judicial Divisions/Districts, as appropriate - Discontinuing the combined courts concept and separating the existing combined courts into Magistrates’ Courts and District Courts - Discontinuing the concept of concurrent jurisdiction 3 Proposed New Courts and Judges: Total Western Western North Sabaragamuwa Central Central North Uva Eastern Northern Southern New Courts: New High Courts (Including Addl. High Courts) 16 4 3 3 1 2 1 2 New District Courts (Including Addl. District Courts) 21 11 4 1 2 1 2 New Combined Courts (DC & MC) 18 1 2 4 2 5 4 4 New Magistrates' Courts (Including Addl. Magistrates' Courts) 19 7 7 1 1 2 1 Upgraded as DCs but to operate as Combined Courts 9 3 2 1 2 1 Currently Combined but to be separated into DC & MC 42 2 9 4 4 3 4 4 6 6 Total 125 24 27 6 13 11 12 9 11 12 New Judges: High Court 21 6 4 5 1 2 1 2 District Court 61 12 7 5 8 5 5 7 6 6 Magistrates' Court 30 8 10 1 1 2 2 4 2 Total 112 26 21 6 13 7 9 9 11 10 4 New High Courts New Addl. High Courts Number of New Judges Upgraded as Currently New New Addl. New New Addl. DCs but to Combined New District Combined No. Name of the Court District Magistrates' Magistrates' operate as but to be Magistrates' Criminal Civil Criminal Civil Courts Courts (DC & High Court District Court Courts Courts Courts Combined separated Court MC) Courts into DC & MC 1 Meerigama 1 1 1 1 2 Mahara 1 1 3 Welisara 1 1 4 Minuwangoda 1 1 1 1 2 5 Negombo 1 1 6 Colombo 1 2 2 2 7 Nugegoda 1 1 2 8 Kaduwela 1 1 9 Kesbewa 1 1 1 1 10 Avissawella 1 1 11 Ruwanwella 1 1 12 Panadura 1 2 13 Horana 1 1 1 1 14 Meegahathenna 1 1 15 Kalutara 1 1 16 Beruwala 1 1 17 Kurunegala 1 1 1 1 1 1 18 Kandulawa 1 1 19 Pilassa 1 1 20 Rambodagalla 1 1 21 Polgahawela 1 1 22 Wariyapola 1 1 1 23 Maho 1 1 1 1 24 Galgamuwa 1 1 25 Nikaweratiya 1 1 5 New High Courts New Addl. High Courts Number of New Judges Upgraded as Currently New New Addl. New New Addl. DCs but to Combined New District Combined No. Name of the Court District Magistrates' Magistrates' operate as but to be Magistrates' Criminal Civil Criminal Civil Courts Courts (DC & High Court District Court Courts Courts Courts Combined separated Court MC) Courts into DC & MC 26 Kuliyapitiya 1 1 27 Narammala 1 1 28 Hettipola 1 29 Chilaw 1 2 2 1 1 30 Marawila 2 1 1 31 Puttalam 2 1 32 Kalpitiya 1 1 33 Anamaduwa 1 1 34 Warakapola 1 1 35 Mawanella 1 1 36 Ratnapura 1 1 37 Kalawana 1 1 38 Balangoda 1 1 39 Palmadulla 1 1 40 Kandy 1* 1 41 Galagedara 1 42 Wattegama 1 1 43 Gampola 1 1 44 Nawalapitiya 1 1 45 Matale 1 2 46 Naula 1 47 Dambulla 1 1 48 Nuwara Eliya 1 1 2 1 49 Walapane 1 1 50 Hatton 1 1 * Commercial High Court 6 New High Courts New Addl. High Courts Number of New Judges Upgraded as Currently New New Addl. New New Addl. DCs but to Combined New District Combined No. Name of the Court District Magistrates' Magistrates' operate as but to be Magistrates' Criminal Civil Criminal Civil Courts Courts (DC & High Court District Court Courts Courts Courts Combined separated Court MC) Courts into DC & MC 51 Talawakale 1 1 52 Kahatagasdigiliya 1 53 Medawachchiya 1 54 Nochchiyagama 1 55 Thambuttegama 1 56 Anuradhapura 1 1 7 57 Kebithigollewa 1 1 58 Kekirawa 1 1 59 Polonnaruwa 1 1 1 1 60 Manampitiya 1 1 61 Hingurakgoda 1 1 62 Badulla 1 1 1 1 63 Passara 1 1 64 Bandarawela 1 1 65 Welimada 1 1 66 Mahiyanganaya 1 1 1 1 67 Monaragala 1 1 68 Lahugala 1 69 Siyambalanduwa 1 70 Bibile 1 71 Wellawaya 1 1 72 Ampara 1 1 73 Akkaraipattu 1 1 74 Kaluwanchikudy 1 1 75 Eravur 1 1 7 New High Courts New Addl. High Courts Number of New Judges Upgraded as Currently New New Addl. New New Addl. DCs but to Combined New District Combined No. Name of the Court District Magistrates' Magistrates' operate as but to be
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