Samarakoon Bandara vs. Attorney General – sllr 2019 volume 2 page 484

In the case between Samarakoon Bandara (Plaintiff) and the Attorney General (Defendant), the court addressed whether a succeeding judge, under Section 48 of the Judicature Act, possesses the discretion to continue a case after a judicial transfer without having observed the demeanor of witnesses examined by the predecessor. The proceedings arose from the transfer of a High Court Judge during ongoing testimony, prompting the petitioner to challenge the refusal to return the case to the previous judge, alleging an inability to evaluate witness credibility. The legal reasoning centered on the scope of judicial discretion under Section 48, the protection of the accused’s right to a fair trial through the power to re-summon witnesses, and the absence of a requirement to record reasons for conti