Kankanamge Prageeth Manjula vs. Hon. Attorney General – CA TRANSFER 01/2018-2018

In Kankanamge Prageeth Manjula and Wellawatte Arachchige Kalyanasiri v. Hon. Attorney General, the court considered the transfer of criminal case HC 39/2016 from the High Court of Embilipitiya under Section 46(1) of the Judicature Act. The petitioners alleged that the trial judge’s conduct compromised the prospects for a fair and impartial trial, citing refusal to postpone proceedings, temporary remand, and other procedural orders. The court held that these grounds were insufficient to establish risk of unfair trial warranting transfer, clarifying that alleged procedural irregularities, even if genuine, constitute grounds for appeal rather than transfer. The decision was guided by statutory requirements and precedential standards governing case transfer, with emphasis on judicial efficienc

REF: CA TRANSFER 01/2018-2018 Category: Tag:
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