Basil Rohana Rajapakse Vs. Hon. Attorney General – CA TR 20/2017-2017

In the case between The Democratic Socialist Republic of Sri Lanka (represented by the Hon. Attorney General) and Basil Rohana Rajapakse, the court addressed the issue of whether Case No. HC 8570/16 pending before the High Court of Colombo should be transferred to another High Court pursuant to Section 46 of the Judicature Act, and whether interim relief by way of a stay of proceedings ought to be granted. It was held that sufficient grounds had been established to warrant the grant of interim relief, premised on concerns regarding the real likelihood of bias arising from previous adverse observations by the presiding High Court Judge. The principle reaffirmed was that, in applications involving interim relief, the absence of such relief may render the substantive remedy ineffective, and t