To No One Will We Delay Right or Justice: Upholding the Right to a Timely Trial Through the Writ Jurisdiction in Sri Lanka

The right of the accused to a timely trial is a fundamental aspect of the right to a fair trial, regarded as a cornerstone of criminal justice systems worldwide. This article explores how this right can be enforced through writ jurisdiction, with a particular focus on Sri Lanka. By comparing writ jurisdiction in Sri Lanka with that of the United Kingdom and Australia, the article examines how developments in these jurisdictions have recognised delays in proceedings as a form of procedural unfairness, thereby establishing it as a valid ground for invoking writ jurisdiction. While the right to a timely trial is an implied fundamental right in Sri Lanka, the article highlights how the rich Indian jurisprudence on this matter could guide in more precisely defining its scope and developing a legal framework for its protection. Furthermore, the article discusses how the intersection of writ and fundamental rights jurisdictions in Sri Lanka has enabled judicial review of violations of the right to a timely trial by inferior courts. Overall, the article offers valuable insights into expanding writ jurisdiction to ensure the timely resolution of criminal trials in other Commonwealth jurisdictions that, like Sri Lanka, follow English legal principles in judicial review.