P.H.L. Wijerathne Vs. Hon. Attorney General – HC CASE NO. 203/2006-2014

In the case between the Hon. Attorney General and P.H.L. Wijerathne, the court addressed whether a revision of the sentence imposed for culpable homicide not amounting to murder, under section 297 of the Penal Code, could be sought before the Court of Appeal when the statutory right of appeal was not utilized. It was held that revisionary jurisdiction under Article 138 of the Constitution may only be exercised in the presence of exceptional circumstances, which must be clearly demonstrated, and that the existence of an unexercised right of appeal bars such a remedy unless such circumstances are established. The principle reaffirmed is that appellate remedies must be exhausted before recourse to revision, reinforcing judicial precedent on the limited scope of revisionary jurisdiction. The c