S. Ravindra Karunanayake vs. Attorney General & others, CA/Writ/63/2020 – CA WRIT/127/2022-2020

The case between Capt. M. D. Perera and senior officials of the Sri Lanka Army concerned the legality of procedural orders issued by a General Court Martial under Regulation 71 of the Court Martial (General and District) Regulations 1950. At issue was whether the Court Martial was obliged to provide a reasoned explanation for decisions to proceed with the defence following a prima facie case and whether failing to do so rendered its orders unlawful. The primary holding affirmed that the General Court Martial was not required to supply elaborate reasoning under Regulation 71(2), provided the procedural framework was otherwise satisfied. The principle reaffirmed is that military tribunals, when applying Regulation 71(2), are only expected to determine the existence of a prima facie case, not

REF: CA WRIT/127/2022-2020 Category: Tag:
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