Basnayakelage Nimal Pathmasiri alias Basnayake vs. Hon. Attorney General – CA/PHC/APN 0005/23-2024

In the case between the Attorney General’s Department (Complainant/Respondent) and Basnayakelage Nimal Pathmasiri alias Basnayake (3rd Accused-Petitioner) along with other accused, the court addressed the issue of whether exceptional circumstances existed to warrant a revision of the petitioner’s sentence under Article 138 of the Constitution. It was held that the petitioner failed to demonstrate sufficient grounds to invoke the extraordinary revisionary jurisdiction, particularly in light of the proper consideration already given to factors such as alleged threats and sentencing disparities by the lower court. The decision reaffirmed the principle that revisionary powers are to be exercised only in the presence of clear exceptional circumstances. Reliance was placed on established legal p