Liyana Arachchige Ivan Gamini de Silva vs Hon. Attorney-General – CA PHC NO. 149/2007-2016
In the case between Liyana Arachchige Ivan Gamini de Silva (Petitioner-Appellant) and the Hon. Attorney-General, Officer-in-Charge, Police Station, Ragama (Respondents-Respondents), the court addressed the issue of whether an appeal could proceed in the absence of the appellant, who was serving a term of life imprisonment and was therefore unable to be present before the Court without a production order. The holding established that where an appellant is imprisoned and not produced before the court, proceedings must be paused to ensure the appellant’s presence, thus upholding the right to a fair hearing. Reliance was placed on proper court procedure and the necessity for the appellant to be present or represented, with directions issued to facilitate such presence. The decision underscores

