W. M. Deshabandu, President, Badulla District Co-operative Savings & Thrift Society vs Office in Charge, Police Station Bandarawela – CA PHC 105/2003-2013

In the case between W. M. Deshabandu, President, Badulla District Co-operative Savings & Thrift Society, and Officer in Charge, Police Station, Bandarawela, the court addressed whether a Magistrate’s Court was empowered to order repayment to an accused of monies paid pursuant to a concluded settlement, based on an Attorney General’s administrative letter issued after the matter had been finalized. It was determined that an administrative letter by the Attorney General, not properly before the court and issued post-judgment, could not retroactively affect concluded proceedings. The principle reaffirmed was that courts are without authority to set aside or vary final judgments other than to correct clerical errors, and that administrative communications are inapplicable to finalized cases un