Muthukuda Wijesuriya Arachchige Jayanath Nishantha Wijesuriya vs The Hon. Attorney General – CA PHC/APN/141/2014-2014

In the case between The Hon. Attorney General, Attorney General’s Department, Colombo 12 (Plaintiff/Respondent) and Muthukuda Wijesuriya Arachchige Jayanath Nishantha Wijesuriya (2nd Accused, Petitioner for Revision), the Court of Appeal addressed whether a revision application can be maintained when a final appeal is already pending and whether the Petitioner adequately pleaded exceptional circumstances, as required for invoking revisionary jurisdiction. It was held that the revisionary powers of the Court of Appeal are discretionary and may be exercised only in exceptional circumstances, even where an appeal is pending. The findings established that the Petitioner neither pleaded nor established such exceptional circumstances. The application for revision was accordingly dismissed, reaff