Attorney General vs. Samuvel Canistes – CA HCC 0154/2023-2025

In the case between the Attorney General and Samuvel Canistes, the court addressed whether the High Court has jurisdiction to try a summary offence under section 25(1)(b) of the Debt Recovery (Special Provisions) Act, especially in circumstances where a Magistrates Court is normally the appropriate forum. It was held that, while summary offences under section 25(1)(b) are typically tried in the Magistrates Court, section 393(7) of the Code of Criminal Procedure Act empowers the Attorney-General to forward indictments directly to the High Court for such offences. The disputed discharge order from the High Court was set aside, and instructions were issued to restore the case to the High Court’s roll for trial. The judgment reaffirmed the principle that statutory provisions can authorize dire