Mohommed Farook Mohommed Mustafa vs The Hon. Attorney General – CA HCC 245/2019-2023

In the case between the Democratic Socialist Republic of Sri Lanka (Attorney General) and Mohommed Farook Mohommed Mustafa, the court addressed whether the criminal trial observed proper procedure in evaluating the accused’s mental capacity. It was determined that the absence of an inquiry under Section 375(1) of the Code of Criminal Procedure regarding the accused’s fitness to plead constituted a violation of legal standards, resulting in the setting aside of both conviction and sentence. The principle reaffirmed requires that, where mental incapacity is apparent, a voir dire must be conducted to safeguard the fairness of proceedings, as prescribed in established statutes. The decision underscores the critical requirement for judicial inquiries into mental health to ensure procedural inte