Nagananda Kodituwakku v. Jayantha Jayasuriya et al. – CA 254/2017-2017

In the case between Nagananda Kodituwakku (Petitioner) and Jayantha Jayasuriya (Hon. Attorney General) and others (Respondents), the court addressed the issue of whether a writ of Mandamus should be issued compelling the Attorney General to file an amended indictment against the 3rd Respondent, following the discharge of all accused in High Court case No. 4648/2009 due to procedural defects. It was determined that the Petition was filed with undue delay and failed to include all necessary parties affected by the outcome, rendering the application procedurally unsustainable. The holding reaffirmed the principle that fairness demands all parties affected by judicial relief must be afforded an opportunity to be heard and that such applications must be promptly and properly constituted. Relian

REF: CA 254/2017-2017 Category: Tag:
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