Muththusamy Balaganeshan v. Officer-In-Charge Police Station Seeduwa – CA [PHC] NO.37/05-2015

In the case between Muththusamy Balaganeshan (Accused-Appellant-Appellant) and the Officer-In-Charge, Police Station, Seeduwa, along with the Hon. Attorney General (Complainant-Respondent-Respondents), the court addressed the issue of whether the Court of Appeal possessed jurisdiction to entertain an appeal from a conviction under Section 298 of the Penal Code, following the decision of the Provincial High Court of Negombo. It was held that, in light of the Supreme Court’s decision in Wickremasekera v. Officer-In-Charge, Police Station, Ampara [2004 (1) SLR 257], the Court of Appeal lacked jurisdiction to hear such appeals. The matter reaffirmed the principle that lower appellate courts are bound by the Supreme Court’s interpretation of constitutional and statutory limits of jurisdiction.