Palawinna Kularathna Muthukumarana v. Hon. Attorney General – CNTR/93/2015-2015

In the case between The Democratic Socialist Republic of Sri Lanka (Hon. Attorney General) and Palawinna Kularathna Muthukumarana, the court addressed the issue of whether High Court Case No. HCE/74/2014, concerning alleged criminal breach of trust by a court productions clerk, should be transferred from the High Court of Embilipitiya to the High Court of Colombo or another suitable court under Section 46 of the Judicature Act No. 2 of 1978. It was determined that the application for transfer lacked sufficient grounds, as no evidence of judicial bias or inability to secure legal representation was established. The principle reaffirmed is that transfers under Section 46 will not be granted lightly, particularly absent concrete proof of actual prejudice or impediment to a fair trial. This de