Officer – in – Charge, Police Station, Talangama v. Sepala Ekanayake – CA PHC APN NO. 204/2006-2014

In the case between Dr. (Mrs.) Ama Weeratunga (Virtual Complainant–Petitioner) and Sepala Ekanayake (Accused–Appellant–Respondent), the court addressed whether the Court of Appeal possesses revisionary jurisdiction under Article 138 of the Constitution to review decisions of Provincial High Courts acting in an appellate capacity, particularly after the passage of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990, which grants a right of appeal in such matters to the Supreme Court. It was held that, unless there is clear and express statutory exclusion, the Court of Appeal retains its revisionary jurisdiction over such appellate decisions by Provincial High Courts, thereby reaffirming the constitutional supremacy that constitutional powers cannot be displaced by normal

REF: CA PHC APN NO. 204/2006-2014 Category: Tag:
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