SC Judge Suood proposes suggestions to expedite and solve cases in limbo

Judicial Service Commission (JSC) member and Supreme Court Judge Husnu Suood has presented suggestions to expedite and resolve issues related to extended remands awaiting trial outcomes which leaves cases in limbo.

While concerns over such cases which extend over long periods has always been a concern, Prosecutor General Hussain Shameem, while speaking at the Judiciary Committee of the Parliament yesterday, said that if Prosecutor General's Office (PGO) and the parliament are unable to resolve the issue, then it would be a matter for the courts to fix.

At the Committee's meeting today, Criminal Court's Registrar Hassan Rasheed highlighted that space constraints and lack of staff as well as limited resources cause delays in trials. In order to overcome this, the court needs a proper building and more resources, he said.

Husnu Suood, however, said that space and resource constraints are only 50 percent of the reason why trails are delayed. According to him, trials could be significantly expedited based on judges' decisions and by amending the law.

"Getting employees and [a] place is not enough. Now trials are heard on different days. For example, if a hearing is held today, the next one may be six months later," he said.

"Instead, if [the system] is changes to have a continuous trial [...] these limbo cases are often people [remanded] in big cases. This is a change that can be made."

Suood also suggested to amend the laws relating to courts to appoint a magistrate level assistant to each judge. If the judge and assistants work together, the preliminary part can be carried out by the assistance while the Judge can take over the trial portion of the cases.

"If the structure can be changed like this, the delays faced now can be expedited," Suood said.

Suood also shared his views on amendments that can be brought to the Civil Procedure Act to expedite civil court trials. He said that the Civil Procedure Act delays trials and that the mediation part of the case is often at a standstill before the trial begins. If the law is amended and the mediation stage is resumed, 60 percent of cases at hand would be resolved on a day to day basis.

"That backlog can be cleared within six months. Before the Civil Procedure Act, 60 percent of the cases submitted to the Civil Court were solved via mediation on the same day they were filed. But now it takes six months, eight months to even reach the mediation stage," he said.

"So the law should be amended to stipulate that [we] should to go for mediation first before other proceedings, then the issue will be resolved."

Suood also stressed that in verdict enforcement, there is no further actions to be taken for non-compliance.

JSC's president and MP of Maafushi costituency Hussain Riza said that the commission would work with the Attorney General's Office to resolve the issues with the Civil Procedure Act.