1 St Issue 2015 from the Editor Chief Justice of Sri Lanka
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Sri Lanka Law Reports
DIGEST TO THE Sri Lanka Law Reports Containing cases and other matters decided by the Supreme Court and the Court of Appeal of the Democratic Socialist Republic of Sri Lanka 2007 VOLUME 1 Consulting Editors : HON S. N. SILVA, Chief Justice HON P. WIJERATNE, J. President. Court of Appeal (upto 27.02.2007) Editor-in-Chief : K. M. M. B. Kulatunga, PC Additional Editor-in-Chief : ROHAN SAHABANDU PUBLISHED BY THE MINISTRY OF JUSTICE Printed at M. D. Gunasena & Company Printers (Pvt) Ltd. Price: Rs. 50.00 JUDGES OF THE appellate COURTS 2007 SUPREME COURT HON. SARATH N. Silva, P.C. (CHIEF JUSTICE) HON. DR. SHIRANI A. BANDARANAYAKE, J. HON. J. A. N. DE Silva, J. HON. NIHAL JAYASINGHE, J. HON SHIRANEE TilakawaRDENA, J. HON N. E. DISSANAYAKE, J. HON A. R. N. FERNANDO, J. HON R. A. N. GAMINI AMARATUNGA, J. HON. SALEEM MARSOOF, J. HON. ANDREW M. Somawansa, J. HON. D. J. DE S. BalapaTABENDI, J. COURT OF APPEAL HON. P. WIJAYARATNE, J. (President Of Court of Appeal Retired on 27.02.2007) HON. K. SRipavan, J. (President Court of Appeal from 27.02.2007) HON. CHANDRA EKANAYAKE, J. HON S.I. IMAM, J. HON L. K. WIMALACHANDRA, J. HON. S. SRIKANDARAJA, J. HON. W. L. R. Silva, J. HON. SISIRA DE ABREW, J. HON. ERIC BASNAYAKE J. HON. ROHUNI PERERA J. HON SARATH DE ABREW J. HON. ANIL FOONARATNE, J. HON. A. W. A. SALAM, J. iii LIST OF CASES Abeyfunawrdena V. Sammon and Others ............................................... 276 Ananda V. Dissananyake ........................................................................ 391 Aravindakumar V. Alwis and Others ........................................................ 316 Arpico Finance Co. -
Establishing a Constitutional Court the Impediments Ahead
ESTABLISHING A CONSTITUTIONAL COURT THE IMPEDIMENTS AHEAD CPA Working Papers on Constitutional Reform No. 13, January 2017 Dr Nihal Jayawickrama Centre for Policy Alternatives | www.cpalanka.org CPA Working Papers on Constitutional Reform | No. 13, January 2017 About the Author: Nihal Jayawickrama is the Coordinator of the UN-sponsored Judicial Integrity Group that drafted the Bangalore Principles of Judicial Conduct and related documents. He practised law before serving briefly, at the age of 32, as Attorney General and then as Permanent Secretary to the Ministry of Justice from 1970-77. He was Vice- Chairman of the Sri Lanka Delegation to the United Nations General Assembly, a member of the Judicial Service Advisory Board and the Council of Legal Education, and a Member of the Permanent Court of Arbitration at The Hague. Moving into academic life, he was Associate Professor of Law at the University of Hong Kong (1984-1997), and the Ariel F. Sallows Professor of Human Rights at the University of Saskatchewan, Canada (1992- 1993). As Chairman of the Hong Kong Section of the International Commission of Jurists, he was one of the principal commentators on constitutional and human rights issues in the period leading to the transfer of sovereignty. Moving out of academic life, he was Executive Director of Transparency International, Berlin (1997-2000), and Chair of the Trustees of the Commonwealth Human Rights Initiative, London (2004-2007). Since 2000, he has served on several UN expert groups, been a consultant on judicial reform and the implementation of UNCAC, and worked with governments and judiciaries in Asia and the Pacific, Africa, and Eastern and Central Europe. -
Decisions of the Supreme Court on Parliamentary Bills
DECISIONS OF THE SUPREME COURT ON PARLIAMENTARY BILLS 2014 - 2015 VOLUME XII Published by the Parliament Secretariat, Sri Jayewardenepura Kotte November - 2016 PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA. Price : Rs. 364.00 Postage : Rs. 90.00 DECISIONS OF THE SUPREME COURT OF THE REPUBLIC OF SRI LANKA UNDER ARTICLES 120, 121 AND 122 OF THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA FOR THE YEARS 2014 AND 2015 i ii 2 - PL 10020 - 100 (2016/06) CONTENTS Title of the Bill Page No. 2014 Assistance to and Protection of Victims of Crime and Witnesses 03 2015 Appropriation (Amendment ) 13 National Authority on Tobacco and Alcohol (Amendment) 15 National Medicines Regulatory Authority 21 Nineteenth Amendment to the Constitution 26 Penal Code (Amendment) 40 Code of Criminal Procedure (Amendment) 40 iii iv DECISIONS OF THE SUPREME COURT ON PARLIAMENTARY BILLS 2014 (2) D I G E S T Subject Determination Page No. No. ASSISTANCE TO AND PROTECTION OF VICTIMS 01/2014 to 03 - 07 OF CRIME AND WITNESSES 06/2014 to provide for the setting out of rights and entitlements of victims of crime and witnesses and the protection and promotion of such rights and entitlements; to give effect to appropriate international norms, standards and best practices relating to the protection of victims of crime and witnesses; the establishment of the national authority for the protection of victims of crime and witnesses; constitution of a board of management; the victims of crime and witnesses assistance and protection division of the Sri Lanka Police Department; payment of compensation to victims of crime; establishment of the victims of crime and witnesses assistance and protection fund and for matters connected therewith or incidental thereto. -
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka
IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application under and in terms of Articles 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka. 1. Athula Chandraguptha Thenuwara, 60/3A, 9th Lane, EthulKotte. (Petitioner in SC Application 665/12 [FR]) S.C. APPLICATION No: 665/2012(FR) 2. Janaka Adikari Palugaswewa, Perimiyankulama, S.C. APPLICATION No: 666/2012(FR) Anuradhapaura. S.C. APPLICATION No: 667/2012(FR) (Petitioner in SC Application 666/12 [FR]) S.C. APPLICATION No: 672/2012(FR) 3. Mahinda Jayasinghe, 12/2, Weera Mawatha, Subhuthipura, Battaramulla. (Petitioner in SC Application 667/12 [FR]) 4. Wijedasa Rajapakshe, Presidents’ Counsel, The President of the Bar Association of Sri Lanka. (1st Petitioner in SC Application 672/12 [FR]) 5. Sanjaya Gamage, Attorney-at-Law The Secretary of the Bar Association of Sri Lanka. (2nd Petitioner in SC Application 672/12 [FR]) 6. Rasika Dissanayake, Attorney-at-Law The Treasurer of the Bar Association of Sri Lanka. (3rd Petitioner in SC Application 672/12 [FR]) 7. Charith Galhena, Attorney-at-Law Assistant-Secretary of the Bar Association of Sri Lanka. (4th Petitioner in SC Application 672/12 [FR]) Petitioners Vs. 1 1. Chamal Rajapakse, Speaker of Parliament, Parliament of Sri Lanka, Sri Jayawardenepura Kotte. 2. Anura Priyadarshana Yapa, Eeriyagolla, Yakawita. 3. Nimal Siripala de Silva, No. 93/20, Elvitigala Mawatha, Colombo 08. 4. A. D. Susil Premajayantha, No. 123/1, Station Road, Gangodawila, Nugegoda. 5. Rajitha Senaratne, CD 85, Gregory’s Road, Colombo 07. 6. Wimal Weerawansa, No. -
The Judiciary Under the 1978 Constitution
3 The Judiciary under the 1978 Constitution Nihal Jayawickrama The judiciary under the 1978 Constitution has to be assessed by reference to the constitutional framework within which it functioned, the period that preceded it, and the contemporary international standards. This chapter focuses on the superior courts of Sri Lanka; in particular, the Supreme Court. Judicial Independence At the core of the concept of judicial independence is the theory of the separation of powers: the judiciary, one of three basic and equal pillars in the modern democratic State, should function independently of the other two, the executive and the legislature. This is necessary because of the judiciary’s important role in relation to the other two branches. It ensures that the government and the administration are held to account for their actions. It ensures that laws are duly enacted by the legislature in conformity with the national constitution and, where appropriate, with regional and international treaties that form part of national law. To fulfil this role, and to ensure a completely free and unfettered exercise of its independent legal judgment, the judiciary must be free from inappropriate connections with, and influences by, the other two branches of government. Judicial independence thus serves as the guarantee of impartiality, and is a fundamental precondition for judicial integrity. It is, in essence, the right enjoyed by people when they invoke the jurisdiction of the courts seeking and expecting justice. It is a pre-requisite to the rule of law, and a fundamental guarantee of a fair trial. It is not a privilege accorded to the judiciary, or enjoyed by judges. -
Criminal Law
CRIMINAL LAW TABLE OF CONTENT Task 01 Page No. 3-6 I. Explain with illustrations the nature and definition of crime in the context of criminal law (1.1) 7 II. What illustrations the relevant elements of crime which you can identify in the given scenario 01? (1.2) 8-19 III. There are different levels of mens rea. To be guilty, the accused must have at least the minimum level of mens rea required for the offence. Critically analyze this statement with the relevant statutes and relevant case law. (1.3) IV. Critically analyse with the relevant provisions of Penal code 20 and decided cases whether Janaka and Amal criminally liable for Sujith’s death. (1.4) Task 02 I. Describe the defense available under the Penal Code of Sri 21-23 Lanka for the offences referred in the given Scenario (2a) (2.1) II. Critically assess whether defence of duress is available to 24 Kannan for the offence referred in the given scenario 2(b) under the Sri Lankan and English law.(2.2) III. With reference to relevant section and illustrations of Penal 25-33 critically discuss the defense of Private defense and necessity (2.3) Task 03 I. In the context of the above statement (task 3) critically 34 examine the position of law relating to offences where secondary party (to an offence) could be found guilty even though the principal offender is acquitted.(3.1) II. Identify the role of principal offender and secondary offender 35-37 under the criminal law (3.2) III. The legal effect and punishment for attempted crimes are 38 different fro committed crimes. -
Jsa Law Journal Volume Vi
JSA LAW JOURNAL VOLUME VI EDITORIAL COMMITTEE JAYARUWAN DISSANAYAKA RAKITHA ABEYSINGHE web: www.jsasl.org | mail: [email protected] i All rights reserved. © JSA Law Journal 2018 Volume VI Published by the Judicial Service Association of Sri Lanka ISSN 2357-2884 Disclaimer: Any views expressed in the JSA Law Journal are those of the individual author and are not to be attributed to the JSA Law Journal or the Editorial Committee. Unless expressly stated the views expressed are the author’s own and not of any institution the he or she represents. Printers: Sanghinda Printers & Publishers No. 06, Wijerama Road, Gangodawila, Nugegoda. e-mail: [email protected] Tel: 011-2802679 Cover Designer: MoLa Senevirathne Page Layout: Amila Sandamali Kannangara ii MESSAGE OF HIS LORDSHIP THE CHIEF JUSTICE CHIEF JUSTlCE’S CHAMBERS, w.%úksYaphldr ks,ueÈßh" SUPREME COURT, fY%aIaGdêlrKh" COLOMBO 12, fld<U 12" FAX : ++ 94 (0) 11 2437534 Y%S ,xldj' TELE : ++ 94 (0) 11 2422142 *elaia : ++ 94 (0) 11 2437534 E- mail : [email protected] ÿrl:kh: ++ 94 (0) 11 2422142 23rd November 2018 It is indeed a great pleasure to forward this message to be published in the 6th Volume of JSA Law Journal, to be launched at the Annual Judicial Conference organized by the Sri Lanka Judges' Institute in collaboration with the Judicial Service Association of Sri Lanka. Today, we live in a society that is rapidly evolving in all fields, including law. Globalization has changed the dynamism of the entire society, and thus there is greater emphasize placed on the importance of knowledge economy across the world.