Perumal Sivanadan et al. Vs. The Hon. Attorney General – CA 72/2013-2013

In the case between The Democratic Socialist Republic of Sri Lanka (Hon. Attorney-General) and Perumal Sivanadan, Arumugam Ganeshan, Arumugam Punniyamoorthy, and Murugesu Pathmanathan, the court addressed the issue of whether the process for appointing new (assigned) counsel after the withdrawal of retained counsel deprived the accused of a fair trial. It was held that immediate continuation of the trial, without affording sufficient time or opportunity for newly assigned counsel to prepare, constituted a breach of constitutional fair trial guarantees, specifically under Article 13(3) and ICCPR Act No. 56 of 2007, as well as the requirements of natural justice. The principle reaffirmed is that accused are entitled to adequate time and facilities for the defense and to be represented by ass