W.M. Sudharshana vs OlC-SCIB Mirihana – CPA/16/2021-2021

In the case between OIC – SCIB Mirihana and the Hon. Attorney General (Complainant/Respondent) and W.M. Sudharshana Sandakalum (Accused-Appellant/Petitioner), the court addressed whether the Court of Appeal should exercise its revisionary jurisdiction to set aside the orders of the Magistrate’s Court of Kaduwela and the High Court of Homagama, particularly in the absence of explicit averment of exceptional circumstances. The holding determined that, where an applicant seeks revision, explicit and precise averment of exceptional circumstances in the pleadings is necessary, reaffirming the principle that invocation of the Court of Appeal’s discretionary revisionary jurisdiction is permissible only in exceptional cases. The decision relied on precedents including Ameen v. Rasheed, Rustom v. H