Hettiarachchige Jayaweera Vs. The Attorney General and others – CA TR NO. 15/2017-2017
In the case between Hettiarachchige Jayaweera (1st Accused Petitioner) and Pinnakanda Arachchige Punchi Menike (2nd Accused Respondent), with the Attorney General as the Respondent, the court addressed the issue of whether connected cases should be transferred from the High Court of Embilipitiya based on an alleged denial of a fair trial due to bias on the part of the presiding High Court Judge. It was held that there existed sufficient prima facie evidence to support the Petitioner’s reasonable apprehension concerning the Judge’s impartiality. Relying on principles under section 46 of the Judicature Act regarding the right to a fair trial, the decision underscored that credible allegations of judicial bias warrant interim relief, specifically a stay of proceedings, to uphold the integrity

