Abolish Quazi Courts: Retired High Court Registrar requests the Presidential Task Force

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Abolish Quazi Courts Kathi Courts Quasi : Retired High Court Registrar requests the Presidential Task Force Sri Lanka
Abolish Quazi Courts Kathi Courts Quasi : Retired High Court Registrar requests the Presidential Task Force Sri Lanka

Mohamed Zubair, a former High Court Registrar, requested the Presidential Task Force for ‘One Country, One Law’ to recommend the abolition of Quazi / Kathi Courts. Zubair said he was making this request after witnessing the injustice caused to Muslim women.

He made this request when the Presidential Task Force for ‘One Country, One Law’ met at the Kandy District Secretariat on December 26) for public consultations.

Zubair said that he came to express his views voluntarily, and added that he makes this request by recalling the unfortunate incidents he experienced during his 40 years of judicial service. Individuals representing various voluntary organizations, different communities, professional organisations as well as the general public presented their views and suggestions to the Committee.

Zubair emphasized before the Task Force that Muslim Marriage and Divorce Act and polygamy concept, as well as the establishment of organisations based on different sections of a religion should be banned. In most cases, the trials at Quazi Courts are conducted by a Quazi who is not a lawyer in profession. There are some instances where a Quazi will not be able to properly identify legal documents and non-legal documents. Therefore, there have been many occasions where the correct judgment has not been given with due diligence and impartiality, as well as instances where the judgments given by the court have not been enforced. Mr. Zubair said that the abolition of this court system would allow the relevant girl as well as the parents to receive justice in maintenance cases.

Abolish Quazi Courts Kathi Courts Quasi : Retired High Court Registrar requests the Presidential Task Force Sri Lanka
Abolish Quazi Courts Kathi Courts Quasi : Retired High Court Registrar requests the Presidential Task Force Sri Lanka

Zubair said the Muslim Marriage and Divorce Law leads to serious social and legal injustices, adding that maintenance cases currently under the Quazi system could be settled by the Magistrates’ Court and divorce cases at the District Court in a fair and impartial manner. Mr. Zubair said that the right to polygamy should also be abolished and explained the reasons for this by quoting verses from the Quran. Mr. Zubair said that the Quran states that religion should not be divided into sects, adding that allowing such opportunities could lead to the formation of various extremist organisations.

It is the responsibility of the Presidential Task Force, Chaired by Ven. Galagodaaththe Gnanasara Thera, to study the views and opinions of various factions on the implementation of the concept of ‘One Country, One Law’ in Sri Lanka and make proposals.

The Task Force previously visited the Northern and Eastern Provinces and sought the views of the people. Different organisations and individuals visiting from across the country also expressed their views at the Task Force office located at the Bandaranaike Memorial International Conference Hall (BMICH), Colombo.  

The views of the people of the Central Province will be sought December 27 in the Nuwara Eliya District. Anyone who wishes to express their views before the Task Force can schedule a date and time by calling the telephone number mentioned below.

The Secretary to the Task Force, Senior Assistant Secretary to the President, Ms. Jeevanthie Senanayake, said that comments can also be made via post or e-mail through the following addresses:

Office telephone No: – 011 2691775.

Office address – Room No: 3G-19, Bandaranaike Memorial International Conference Hall (BMICH),     Bauddhaloka Mawatha, Colombo 07.

Email: ocol.consultations@gmail.com

Chairman of the Task Force Ven. Galagodaaththe Gnanasara Thera and its members including Prof. Shanthi Nandana Wijesinghe, Senior Lecturer Sumedha Weerawardena, Attorney at Law Sanjaya Marambe, Pani Wewala and Eranda Nawarathne were present. Dr. Jeevaka Bandara, Chairman of the Northern and Eastern Provincial Coordinating Sub-Committee, was also present.

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