Nandasena Gotabhaya Rajapaksa vs Arumugam Veeraraj Siriniwasa Watte – CA HCA 06/2011-2011

In the case between Nandasena Gotabhaya Rajapaksa (Petitioner) and Arumugam Veeraraj (Petitioner-Respondent), with respondents including Major General Mahinda Hathurusinghe and others, the court addressed whether a Magistrate must exercise judicial mind and specify reasons before issuing witness summons, and whether such a summons could lawfully be issued against the sitting President of Sri Lanka, given constitutional immunity under Article 35. The court held that issuance of a summons requires a clear statement of purpose and must not be a mechanical process, and affirmed that a sitting President is afforded absolute immunity from such proceedings. This decision reaffirmed the principle that judicial powers must be exercised with due process and that constitutional safeguards for the Pre

REF: CA HCA 06/2011-2011 Category: Tag:
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