Jayasekara Mudiyanselage Gamini Jayasekara alias Jayasekara Gamini Wasantha v. Hon. Attorney General – CA RII/25/22-2022

In the case between Jayasekara Mudiyanselage Gamini Jayasekara alias Jayasekara Gamini Wasantha (the 1st Accused-Petitioner) and the Hon. Attorney General, the court addressed the issue of the legality of conducting a trial in absentia under Section 241(1)(b) of the Code of Criminal Procedure Act when the accused was not properly notified and had not willfully absconded. It was held that a conviction resulting from such a trial was a nullity if the accused had no knowledge of the proceedings, reaffirming the principle that judicial discretion under Section 241(3) must be exercised judiciously and in accordance with established legal standards. The decision relied on relevant case law and statutory interpretation, emphasizing that trials in absentia should only be ordered when the circumsta