Herath Mudiyanselage Ariyarathne vs The Democratic Socialist Republic of Sri Lanka – CA 307/2006-2013

In the case between Herath Mudiyanselage Ariyarathne and The Democratic Socialist Republic of Sri Lanka, the court addressed whether a succeeding High Court Judge may continue a criminal trial and deliver judgment based on evidence partly recorded by the predecessor without rehearing witnesses, in the absence of a request from the accused. It was held that Section 48 of the Judicature Act allows for a successor judge to continue proceedings on the basis of previously recorded evidence, provided no application is made by the accused for witnesses to be reheard. This reaffirmed the principle that transfer or disability of a judge does not nullify prior proceedings unless expressly warranted or requested under statutory provisions. Reliance was placed on statutory interpretation of the Judica