Munasinghe Arachchige Dharmasena Gunaratne vs Hon. Attorney General – CA PHC APN NO. 46/2011-2011

The case between Munasinghe Arachchige Dharmasena Gunaratne (Petitioner) and the Hon. Attorney General (Respondent) addressed the issue of whether the High Court Judge’s refusal to permit legal representation of the accused—based solely on the absence of an affidavit—complied with Section 241(2) of the Criminal Procedure Code. It was held that the requirement of an affidavit was not legally mandated under Section 241(2), and the denial of representation and subsequent refusal to allow cross-examination of witnesses constituted procedural errors. The Court emphasized that the accused’s right to representation and to have defense counsel cross-examine witnesses is central to a fair trial, relying on established principles of criminal procedure. The orders of the High Court refusing such righ