Application for Relisting – IIIandarage Wasantha Detawala v. Hon. Attorney General – C A PHC APN/138/2016-2017

In the case between Illandarage Wasantha Detawala and others, and the Hon. Attorney General, the court addressed the issue of whether an application for relisting, made by the Accused Petitioner after judgment had already been pronounced in a criminal revision application, should be entertained on the basis that the petitioner had not been heard due to absence at the hearing. It was held that parties to revision applications before the Court of Appeal are not entitled to a right of audience under Section 366 of the Code of Criminal Procedure Act No. 15 of 1979, and that absence of submissions from the petitioner was not attributable to the court. This decision reaffirmed the principle that once the court has pronounced judgment upon merits, it has no authority to reopen the matter for furt