Saul Hameed Sithya Fareeza v. Officer-in-Charge, Special Crime Investigation Branch Negombo – CA PHC APN NO. 112/2007-2011

In the case between Saul Hameed Sithya Fareeza (Accused–Appellant–Petitioner) and the Officer-in-Charge, Special Crime Investigation Branch, Negombo, and the Hon. Attorney General (Complainant/Respondents), the court examined whether the High Court Judge erred by dismissing the accused’s appeal for non-compliance with Section 322(2) of the Criminal Procedure Code. It was held that a certificate under Section 322(2) is required only when the appellate right is limited to questions of law and is not necessary when the appeal involves matters of fact. Relying on statutory interpretation and established precedents, it was determined that the dismissal of the appeal by the High Court purely on procedural grounds, without considering the facts, was improper. The High Court’s order was set aside